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 wasn'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 didn'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 Underground 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 .