header-logo header-logo

26 February 2009
Issue: 7358 / Categories: Legal News , Public , Legal services , Human rights
printer mail-detail

Secret evidence on trial in European court

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 UK has been warned.

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

European Court
is now considering whether to hear Qatada’s case, which could delay his deportation. Delivering judgment, Lord Hope reiterated the need to uphold the rule of law: “The rights and fundamental freedoms that the Convention guarantees are not just for some people. They are for everyone. No one, however dangerous, however disgusting, however despicable, is excluded. Those who have no respect for the rule of law—even those who would seek to destroy it—are in the same position as everyone else.” Home Secretary Jacqui Smith says: “Both our deportation with assurances policy and control orders have been upheld by the highest court in the UK as being compatible with our international obligations.

“These [11] men have all been found by our courts to present a threat to our national security. We argued strongly to the

European Court
that compensation should not be awarded to such individuals. Whilst I am very disappointed with any award, I recognise the court has made substantially lower awards than these men sought in view of the fact these measures were devised in the face of a public emergency. We are now considering the full judgment.”

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

European Court
has raised serious doubts about the effectiveness of the special advocate procedure.”

Issue: 7358 / Categories: Legal News , Public , Legal services , Human rights
printer mail-details

MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll