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26 February 2009
Issue: 7358 / Categories: Legal News , Public , Legal services , Human rights
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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
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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