A key but controversial aspect of Britain’s post-September 11 security policy was dealt a blow on Thursday as the country’s highest court ruled that detaining terror suspects indefinitely without trial breaks human rights laws.
A specially convened panel of nine Law Lords ruled by 8-1 that such detentions on suspicion alone goes against both democratic norms and international obligations under the European Convention on Human Rights.
It is a serious blow to Prime Minister Tony Blair, coming just hours after Home Secretary David Blunkett — architect of the controversial measure — resigned following a personal scandal.
The ruling is also an instant headache for Charles Clarke, the former education minister who has replaced Blunkett, and must now urgently repair a gaping hole in the government’s anti-terrorism policy.
However, the decision was hailed by human rights groups, who have labelled Belmarsh prison in south-east London, where the bulk of the detainees have been held — some for up to three years — as ”Britain’s Guantánamo Bay”.
The ruling does not overturn the law under which the men are held, the 2001 Anti-Terrorism, Crime and Security Act, or require the suspects be freed.
However, the government will now have to return to Parliament and amend the legislation to take into account the Law Lords’ views.
Giving the decision in the House of Lords, Britain’s upper house of Parliament, Lord Thomas Bingham said 2001 law ”permits detention of suspected international terrorists in a way that discriminates on the ground of nationality or immigration status”.
It is thus incompatible with the European Convention on Human Rights, which was adopted into British law in 1998, he said.
”Indefinite imprisonment without charge or trial is anathema in any country which observes the rule of law,” added Lord Donald Nicholls in his decision.
Lawyers acting on behalf of nine foreign nationals have challenged their detention a series of times, finally arguing their case in October in front of the Law Lords, a group of senior judges in the House of Lords who act as the country’s highest legal power.
According to human rights groups, up to 14 foreign nationals are being held in prisons or secure hospitals under the 2001 Act, although only nine were involved in this test case.
Introduced in the wake of the September 11 2001 attacks on the United States, the anti-terror law allows foreigners to be jailed indefinitely without charge or trial if the home secretary rules they are suspected of involvement in international terrorism, and they opt not to leave the country.
The government had sought to suspend temporarily a section of the European Convention on Human Rights dealing with such detention, but this is now impossible, pressure group Human Rights Watch said.
”What the Lords’ judgement means is that this effort to stay within the tram lines of its human rights obligations was not successful, and that after today, the government can no longer pretend that indefinite detention is compatible with its obligations under human rights law,” said spokesperson Ben Ward.
”They clearly have to go back to the drawing board in relation to this particular measure.”
Lawyer Gareth Peirce, who represents eight of the detainees, said the government has to act swiftly.
”There is no escape route for the government, no escape route whatsoever,” she said. ”It would be unconstitutional for the government to hold out against such a strong judgement, such a very strong judgement.” — Sapa-AFP