UK in violation of Art 5 of the European Convention on Human Rights
The use of secret evidence in terrorist suspect cases violates human rights, the
The European Court of Human Rights ruled last week, in A and ors v UK that the UK was in breach of Art 5 of the European Convention on Human Rights (the Convention) over the use of secret evidence by the Special Immigration Appeal Commission (SIAC).
The court was ruling on an appeal from 11 men detained by the home secretary for more than three years under the Anti- Terrorism Crime and Security Act 2001. It held the inability of four of the men to effectively challenge the evidence against them that the use of secret evidence and special advocates amounted to a violation of their right to liberty under Art 5(4) of the Convention, and awarded the men compensation.
The ruling came a day after five law lords unanimously held it was safe to deport radical cleric Abu Qatada to Jordan, and approved the deportation of two Algerian terror suspects, in RB (Algeria) and Another v Secretary of State for the Home Department. The
“These [11] men have all been found by our courts to present a threat to our national security. We argued strongly to the
Eric Metcalfe, Justice’s director of human rights policy, said: “A day after the House of Lords approved the use of secret evidence by SIAC, the
