- Detaining foreign terrorist suspects without trial breaks
human rights laws, the UK's highest court has ruled.
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- In a blow to the government's anti-terror measures, the
House of Lords ruled by an eight to one majority in favour of appeals by
nine detainees.
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- The Law Lords said the measures were incompatible with
European human rights laws, but Home Secretary Charles Clarke said the
men will remain in prison.
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- He said the measures will "remain in force"
until the law was reviewed.
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- Most of the men are being held indefinitely in Belmarsh
prison, south London.
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- The ruling creates a major problem for Mr Clarke on his
first day as home secretary following David Blunkett's resignation.
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- In a statement to MPs, Mr Clarke said: "I will be
asking Parliament to renew this legislation in the New Year.
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- "In the meantime we will be studying the judgment
carefully to see whether it is possible to modify our legislation to
address
the concerns raised by the House of Lords."
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- Solicitor Gareth Peirce, who represents eight of the
detainees, said: "The government has to take steps to withdraw the
legislation and release the detainees."
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- If there was no swift government action the detainees
could ask the European Court of Human Rights to get involved, she
added.
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- The Liberal Democrats say Mr Clarke should use the fact
he is new to the job to take issue with a law established by his
predecessor,
David Blunkett.
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- The detainees took their case to the House of Lords after
the Court of Appeal backed the Home Office's powers to hold them without
limit or charge.
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- The government opted out of part of the European
Convention
on Human Rights concerning the right to a fair trial in order to bring
in anti-terrorism legislation in response to the 11 September attacks in
the US.
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- Any foreign national suspected of links with terrorism
can be detained or can opt to be deported.
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- But those detained cannot be deported if this would mean
persecution in their homeland.
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- On Thursday, Lord Bingham - a senior law lord - said
the rules were incompatible with the European Convention on Human Rights
as they allowed detentions "in a way that discriminates on the ground
of nationality or immigration status" by justifying detention without
trial for foreign suspects, but not Britons.
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- Lord Nicholls of Birkenhead, in his ruling, said:
"Indefinite
imprisonment without charge or trial is anathema in any country which
observes
the rule of law.
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- "It deprives the detained person of the protection
a criminal trial is intended to afford."
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- But Lord Walker of Gestingthorpe, the one law lord to
oppose the appeal, said the anti-terror laws contained important safeguards
against oppression.
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- In a statement, detainee 'A' in Woodhill Prison said:
"I hope now that the government will act upon this decision, scrap
this illegal 'law' and release me and the other internees to return to
our families and loved ones."
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- The case was heard by a panel of nine law lords rather
than the usual five because of the constitutional importance of the
case.
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- Ms Peirce claimed the detention had driven four of the
detainees to "madness", saying two were being held in Broadmoor
hospital.
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- When the men were first held, they took their cases to
the Special Immigration Appeals Commission (SIAC).
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- The commission ruled on 30 July, 2002 that the
anti-terror
act unjustifiably discriminated against foreign nationals as British people
could not be held in the same way.
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- But that ruling was later overturned by the Court of
Appeal who said there was a state of emergency threatening the life of
the nation.
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- © BBC MMIV
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- http://news.bbc.co.uk/2/hi/uk_news/4100481.stm
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