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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll