[prisoner-rights] United Kingdom: Highest court to rule on indefinite detention

(London, October 1, 2004) — Britain's highest court will begin
deliberations on October 4 in a landmark challenge to the government's
indefinite detention of foreign terrorism suspects, Human Rights Watch
said today.

The House of Lords Judicial Committee will convene on October 4 to
consider the lawfulness of the indefinite detention powers, which are
contained in the Anti-Terrorism Crime and Security Act 2001. The case is
an appeal from an October 2002 decision by the Court of Appeal which ruled
that indefinite detention is compatible with UK and international
law.Human Rights Watch today released a Q&A detailing the background and
significance of the case.
(http://www.hrw.org/english/docs/2004/10/01/uk9417.htm)

"It is impossible to overstate the importance of the decision before the
House of Lords," said Holly Cartner, executive director of Human Rights
Watch's Europe and Central Asia division. "If the law lords decide that
indefinite detention is acceptable, Britain will have abandoned a
cornerstone of its liberty—that everyone is equal under the law."

Eleven terrorism suspects are currently in indefinite detention in the
United Kingdom. Seven have been detained without trial for more than two
years. None has been charged with a crime. The use of the measure has led
to growing alarm: two committees of UK parliamentarians have called for
indefinite detention to be "replaced as a matter of urgency," arguing it
is unjust and undermines respect for human rights. The policy has also
been criticized by the United Nations and European human rights bodies.

Human Rights Watch said that indefinite detention without trial or charge
is never permissible under human rights law, including the United
Kingdom's domestic Human Rights Act 1998, which incorporates the European
Convention on Human Rights into British law. In order to introduce the
measure, the government had to declare a "public emergency" and suspend
parts of the Human Rights Act, European Convention, and the International
Covenant on Civil and Political Rights.

The law lords are also being asked to consider whether evidence from third
countries obtained under torture may be used in indefinite detention
cases.  The issue arises from a separate Court of Appeal majority ruling
in August 2004 approving the use of evidence obtained under torture, as
long as the United Kingdom neither "procured nor connived at" the torture.
The House of Lords will decide on October 4 whether to consider the
torture issue at the same time as indefinite detention, or at a later
date. The use of torture evidence is prohibited under international law.

"It is absolutely vital that the Lords repudiate the use of torture
evidence as soon as possible," Cartner said. "Allowing evidence obtained
under torture undermines the global ban on torture, and sends a terrible
signal to other countries that such practices are acceptable."

Human Rights Watch Press release