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Terror suspects win High Court case on secret evidence

#1
Two men suspected of terrorist-related activities have won a landmark High Court battle against government use of secret evidence to deny them bail.

Two judges ruled that a person cannot be denied bail solely on the basis of secret evidence.

Human rights solicitors have described the judgement as a "historic" victory.

Home Secretary Alan Johnson called the ruling "unhelpful" and will seek to appeal. If he fails, the men - branded security risks - could be freed.

Saying he was "surprised and disappointed", Mr Johnson added: "My sole objective is protecting the public and this judgement will make that job harder.

"We will do everything possible to keep this country safe and are taking steps accordingly in the light of this unhelpful judgment."

The ruling represents victory for a Pakistani student facing removal from the UK, who had been refused bail on the basis of secret evidence, and an Algerian national - known as U - whose bail was revoked.

The 23-year-old Pakistani student, referred to as Xc, was one of 10 arrested in April 2009 in north west England.

He was later released by police, but immediately re-arrested and held pending deportation as a "threat to national security".

The judges ruled that bail applications should be treated in the same way as control order cases, where terror suspects must be given an "irreducible minimum" of information about the case against them.

Lord Justice Laws, sitting with Mr Justice Owen, said it was "impossible" to conclude "that in bail cases a less stringent procedural standard is required".

The judges also rejected government claims that decisions by the Special Immigration Appeals Commission, which deals with terror suspect cases, are immune from judicial review.

Jonathan Glasson, appearing for the commission, said the case raised an "important point of principle".

'Absconding threat'

Both Xc and U were "potentially to be released on bail, notwithstanding the existence of closed evidence indicating that they might abscond", he said.

The judges delayed the release of both men to give the commission time to ask the Court of Appeal to hear the case.

Human rights solicitor Gareth Peirce said: "The judges said there is an absolute, irreducible minimum of information that an individual should have."

Shami Chakrabarti, director of human rights campaign group Liberty, said: "Yet again it takes a senior judge to point out what most people already know - if the government is going to lock you up, it needs to tell you why."

"The hard lesson of recent years is that diluting Britain's core values and abandoning justice makes us both less safe and free."

In June, Law Lords ruled that use of secret evidence to support imposition of control orders - which restrict suspects' movements with home curfews and electronic tags - was unfair.

And in September, Mr Johnson released a suspect from such an order because he did not want to disclose secret intelligence.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/8388547.stm

Published: 2009/12/01 13:26:07 GMT

© BBC MMIX


Yet again a victory for the rights of one over many.
 
#3
And how long would it be until this "secret evidence" excuse was used against ordinary people. We have some evidence you may be doing something at somepoint on someday, (and you disagree with our politics) to jail with you.
 
#4
Vampires right, "Secret Evidence", would be so easy a power to abuse. We already have Authorities using Anti terror laws to Spy on Wheely bin use and for following People to see if they live near the school they want their kids to go to.
 
#6
This is a good result, remember the old man being nicked under anti terrorist legislation for daring to disagree with Jack Straw at the labour party conference? How long before this thing gets abused for political reasons?
 
#7
JoeCivvie said:
Yet again a victory for the rights of one over many.
Fcuk off. I'd sooner die in a train bombing than face imprisonment based on 'secret evidence' which may or may not exist in my own country...
 
#8
vvaannmmaann said:
It's too late to worry about it now.This from arrse yesterday.
http://www.arrse.co.uk/Forums/viewtopic/t=139126.html
Yesterday (Early this morning), we lost some more legal rights, legal rights our forefathers fought hard to gain, They fought for these rights for themselves and later generations. They would be shocked and disgusted that we have given them away so meekly.

I tried to explain that you no longer had a the right to silence to my neighbour this morning, she was more interested in knowing if we had watched "I am a nobody get me out of here"!

The law is now stacked against us, we now have Big Brother with all it's CCTV, and methods of prying into your privacy.... and their under educated sheep, the X Factor watching PROLES, George Orwell must be quietly chuckling to himself in his grave on how accurate his predictions were.

J
 
#10
The Chilcott Enquiry seems to be throwing up scenarios where both UK Diplomats and High Commissioners have been marginalised from information relevent to the security of this country by the B.Liar kitchen cabal.

Ergo if this particular B.Liar cabal have no respect for it's most senior civil servants, the citizens have no chance. I have grown to have no trust or faith in the workings of this government when it's comes to the honest regard and safety of the rank and file. With hindsight, we should have put the whole cabal on Tarrants - ' Who wants to be a Millionaire' and be rid of them. I'm on side with Shami Chakrabarti on this one.
 
#12
The right to silence and the right to a fair trial used to be fundemental in this country.
These rights were hard gained and created by men far greater than any of the selfserving scum we have in power now.
Can any of you ever see these rights being restored to us?
 
#13
jagman said:
The right to silence and the right to a fair trial used to be fundemental in this country.
These rights were hard gained and created by men far greater than any of the selfserving scum we have in power now.
Can any of you ever see these rights being restored to us?
They will be one day. It's just a question of how many people will have to die to make it happen.
 
#14
Alec_Lomas said:
The Chilcott Enquiry seems to be throwing up scenarios where both UK Diplomats and High Commissioners have been marginalised from information relevent to the security of this country by the B.Liar kitchen cabal.

Ergo if this particular B.Liar cabal have no respect for it's most senior civil servants, the citizens have no chance. I have grown to have no trust or faith in the workings of this government when it's comes to the honest regard and safety of the rank and file. With hindsight, we should have put the whole cabal on Tarrants - ' Who wants to be a Millionaire' and be rid of them. I'm on side with Shami Chakrabarti on this one.
Do you trust all Judges?I seem to remember the Police wanted a warrent for some highly placed kiddy fiddlers,the judge warned them and they all scarpered to Belgium well known for It´s liberalism in this perversion.
 

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