• Home /
• Statewatch Database /
• Prevention of Terrorism Act - the judgement of the European

Prevention of Terrorism Act - the judgement of the European

01 January 1991

Prevention of Terrorism Act - the judgement of the European
Court of Human Rights
artdoc May=1991

Mr Lawrence MP asked the Home Secretary how the government was
going to respond to the ECHU judgement in the case of Brogan
and others concerning detention under the PTA.
Mr Waddington replied:
"The European Court of Human Rights held in the case of Brogan
and others that the detention of the four applicants under
schedule 12 of the Prevention of Terrorism (Temporary
Provisions)Act 1984(now schedule 14 of the Act of
1989)constituted a breach of article 5(3) of the European
Convention on Human Rights because none of the applicants was
brought "promptly" before a judicial authority....Since the
court delivered its judgement on 29 November 1988 the
Government have been considering whether it would be possible
to introduce a judicial element in the procedure for
authorising extensions of detention in a way which would be
compatible with the provisions of the convention and which
would not weaken the effectiveness of their response to
terrorism.

The Government....have concluded that a satisfactory procedure
for the review of detention of terrorist suspects involving the
judiciary has not been identified. The derogation notified on
23 December 1988 under article 15 of the European Convention
on Human Rights and article 4 of the International Covenant on
Civil and Political rights must and will therefore remain in
place for as long as circumstances require......
House of Commons written answer 14.11.89 Cols.209-210