Landmark Human Rights Victory
Landmark Human Rights Victory
16 December 2004
Nine legally-aided men who have been held in custody without charge, trial or seeing the evidence against them, have today won an appeal in the House of Lords which declared their detention unlawful.
The significant judgment means that article 5 (the right to liberty and security) of the European Convention on Human Rights applies to foreign nationals detained in the UK under the Government’s anti-terrorist legislation.
The judgment follows the release in September of the prisoner know as ‘D’ after he had been detained for three years for suspicion of having links to terrorism. ‘D’ was never charged for any crime, and was released after a review of the evidence against him determined he was no longer a threat. Others have either been released on bail due to illness or left the country.
In an unusual move, nine Law Lords heard the case, as opposed to the usual five, indicating the importance of the appeal. The Law Lords ruled by an eight to one majority in favour of the appeals.
Clare Dodgson, Chief Executive of the Legal Services Commission, said, “This is an important legal ruling that has established the application of fundamental human rights in British law. The Legal Services Commission funded this case because it was important to clarify the legal rights of those detained in this way.”
The Lords also stated that the Government should pay the costs of the appellants both in the House of Lords and in the lower courts.