28 March 2012
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UK
Special Immigration Appeals Commission says anti-terrorist law
is unlawful
"not only discriminatory and so unlawful under Article 14 to target non-British citizens but also it is disproportionate in that there is no reasonable relationship between the means employed and the aims sought to be pursued. On that ground, we have decided that the 2001 Act, which is the measure derogating from the obligations under the Convention, to the extent that it permits only the detention of foreign suspected international terrorists is not compatible with the Convention"
The Home Office is appealing and it will be heard in the Court
of Appeal on 7 October. Half the appellants' costs were awarded.
The statement by SIAC: Full-text
(pdf) Feature (1.8.02) by Richard-Norton-Taylor in the
Guardian
There are currently nine people held in the Belmarsh high
security prison who have not been charged and who are being detained
indefinitely. On 18 December 2001 the UK government derogated
from Article 5 of the European Convention on Human Rights in
order to detain people "suspected" of terrorism but
who could not be deported to another state either because no
country would accept them or because they would face torture
or inhuman or degrading treatment. This quite extraordinary law
means "suspected international terrorists" are allowed
to voluntary leave the country.
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