TWO terror suspects being held in a Worcestershire prison are due to be set free to protect their human rights.

The Home Office opposed bail on the grounds the two Libyans would abscond if let out of Long Lartin maximum security prison, near Evesham, where they have been under immigration detention.

However, the two suspects won their appeals against the Home Office's attempt to deport them after a judge ruled they could be tortured or subjected to a show trial if sent back home to Libya.

One of the men - who can be identified only by the initials DD - was found with a map marked with the flightpath to Birmingham International Airport.

He is also related to two other Islamist terrorists, including the suspected mastermind of the Madrid train bombings which killed 191 people.

The Special Immigration Appeals Commission (Siac) allowed the appeals by DD and another man, AS, granting them bail in principle under strict conditions, including a daily 12-hour curfew.

Judge Mr Justice Mitting said keeping them in detention after they had won their appeal would be on the "cusp of legality".

Tim Eicke, for Home Secretary John Reid, said the Home Office would appeal against Siac's decision to grant the appeals.

It was the first test of a crucial diplomatic agreement - known as a "memorandum of understanding", or MOU - which the Government signed with Tripoli to remove suspects without breaching human rights laws.

Siac chairman Mr Justice Ouseley said in his ruling that there remained a real risk that the European Convention on Human Rights would be breached if the two men were removed to Libya.