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A and Others v. Secretary of State for the Home Department

A and others v. Secretary of State for the Home Department; X and another v. Secretary of State for the Home Department [2004] UKHL 56 was a case heard before the Appellate Committee of the House of Lords in the United Kingdom regarding the indefinite detention of the so-called Belmarsh detainees. The ruling also issued a Declaration of Incompatibility with the Human Rights Act 1998 in regards to section 23 of the Anti-terrorism, Crime and Security Act 2001.[1] The case should not be confused with the A and Others v. Secretary of State for the Home Department (No. 2) [2005] UKHL 71 case which relates to the use of evidence obtained by torture in British courts.

Contents

Facts of the case

The case began with 10 men who challenged a decision of the Special Immigration Appeals Commission to eject them from the country on the basis that there was evidence of them being a threat to national security.

Of the 10 appellants, all except 2 were detained in December 2001; the others were detained in February and April 2002 respectively. All were detained under the Anti-terrorism, Crime and Security Act 2001.[2] Under section 25 of this Act, they had the legal right to appeal to the Special Immigration Appeals Commission against their detention.[3]

The ruling

The court held that, whilst the detention was legal under the ACSA 2001, this act was incompatible with the articles of the European Convention on Human Rights. Their Lordships issued a declaration of incompatibility, under section 4 of the Human Rights Act 1998, and Parliament decided to replace the ACSA 2001 with the Prevention of Terrorism Act 2005[4]

References

  1. ^ http://www.lawbore.net/articles/pil1.pdf
  2. ^ http://216.239.59.104/search?q=cache:xC5MN5V8BK0J:www.lawbore.net/gotosite.php%3Fid%3D1009+A+and+Others+v.+Secretary+of+State+for+the+Home+Department&hl=en&ct=clnk&cd=5&gl=uk&safe=vss
  3. ^ House of Lords - A and others (Appellants) v. Secretary of State for the Home Department (Respondent) (2004)A and others (Appellants) and others v. Secretary of State for the Home Department (Respondent) (Conjoined Appeals)
  4. ^ http://216.239.59.104/search?q=cache:xC5MN5V8BK0J:www.lawbore.net/gotosite.php%3Fid%3D1009+A+and+Others+v.+Secretary+of+State+for+the+Home+Department&hl=en&ct=clnk&cd=5&gl=uk&safe=vss

External links

The original article is from Wikipedia. To view the original article please click here.
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