A friend of Jihadi John , unmasked as Mohammed Emwazi ( pictured ) has used the Human Rights Act to avoid being deported . A friend of Jihadi John accused of organising al-Qaeda terror atrocities has used the Human Rights Act to avoid being deported despite being deemed a threat to national security . The terror suspect , originally from Ethiopia , is believed to be a leading member of al-Shabaab , an al-Qaeda affiliate based in Somalia . He was accused of playing a part in the 2005 plot to blow up the London Underground and is an associate of ISIS executioner Jihadi John - unmasked this week as Mohammed Emwazi . But the deportation case against the man , who can only be identified as J1 , collapsed after a five-year court battle when a British diplomat admitted the system was not working . Lawyers argued the man 's human rights would be breached if he was sent back to Ethiopia , where he could face detention and possible torture . The terror suspect is now living in London and has also been linked to two al-Qaeda extremists killed in US drone attacks in Somalia . Shadow home secretary Yvette Cooper said the Government has 'serious questions ' to answer about the case and questioned why he was n't placed under special controls . She told the Telegraph : 'This man ( J1 ) has been linked to planned terror attacks , associated with known terrorists , and identified as a risk to the UK . So why did n't Theresa May at least put him on a TPIM in 2013 when he was released from immigration detention ? 'And what is being done now ? Are they reconsidering TPIMs , deportation assurances or prosecution options ? Or do they no longer believe he is a significant threat ? ' A TPIM is a Terrorism Prevention and Investigation Measure which allows authorities to impose a curfew and limit communications on someone they 'reasonably believe ' is involved in terror activities . The terror suspect has been accused of being a leading member of an al-Qaeda affiliate based in Somalia , pictured are hundreds of al-Shabaab fighters . He was accused of playing a part in the 2005 plot to blow up the London Underground , pictured is CCTV footage of failed July 21 bomber Hussein Osman ( circled in green ) at Clapham Junction train station . J1 has been accused by the Government of being a senior organiser for al-Shabaab . Court papers disclose that 'on the morning of the failed London bombings of 21 July 2005 , a mobile telephone which the appellant ( J1 ) now accepts was used by him , was in contact with a telephone used by one of the bombers , Hussein Osman ' . The Government argued he was a threat to national security and should be deported , court papers show . They claimed he was an associate of Londoners Mohammed Sakr and Bilal Berjawi , both of whom died in US drone strikes in Somalia . Sakr and Emwazi were friends and Sakr attended Quintin Kynaston academy in St John 's Wood along with Emwazi . It was revealed this week that Emwazi was a 'person of interest ' to MI5 as a member of a cell known as The London Boys , which was set up to recruit and raise funds for al Shabab . MI5 was also aware of Emwazi for six years before he appeared on a hostage video for the first time in August 2014 . It was revealed that Jihadi John was a 'person of interest ' to MI5 as a member of a cell known as The London Boys , which was set up to recruit and raise funds for al Shabab , pictured with British journalist David Haines . They had a file on Emwazi from at least 2009 , when he was stopped as he arrived in Tanzania . British agents suspected that he was trying to travel to Somalia to join up with al-Shabaab , an accusation that Emwazi denied . He was never charged with a terror offence . Shadow home secretary Yvette Cooper said the Government has 'serious questions ' to answer about the case . Michael Adebolajo , convicted of Lee Rigby 's murder , is also believed to be linked to the Somali group . The case has heightened calls for the Human Rights Act to be scrapped . It collapsed when Anthony Layden , the British diplomat in charge of negotiating his deportation , admitted the system was not working . He is believed to have blamed the Home Office for the failure . This comes as the Government admitted that hundreds of ISIS extremists like Emwazi have been free to leave Britain because they were not being properly monitored by the security services . A spokesman for the Home Office said yesterday : 'Control orders were not working and were being struck down by the courts . 'TPIMs have been endorsed by the courts , counter-terrorism reviewers , the police , and the Security Service . Following a review of the powers available to manage the terrorist threat , the range of measures available under the TPIM Act is being extended , including a measure to allow TPIM subjects to be relocated to different parts of the country . ' Michael Adebolajo , convicted of Lee Rigby 's murder , is also believed to be linked to the Somali group al Shabab .
Terror suspect accused of planning attacks has avoided deportation . Man , identified as J1 , is believed to be a leading member of al-Shabaab . He was accused of playing part in failed 2005 MI5 bombing . J1 is an associate of Jihadi John - unmasked as Mohammed Emwazi . Case collapsed when diplomat conceded system was not working . Lawyers argued he could face detention and possible torture in Ethiopia .