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| DETENTION WITHOUT CHARGEThe Anti-terrorism Crime and Security Act 2001 was rushed through parliament after the 9/11 attacks in the USA.
Part IV of the Act allowed for the detention, without charge or trial, of foreign nationals suspected of involvement in terrorism.
For three years, a group of men were detained in high security prisons and mental health institutions without knowing the suspicions that kept them there.
They were appointed special security-cleared lawyers that had access to the information held about them, but not to the men themselves.
They were allowed their own lawyers, but these lawyers were not allowed to see the material about their clients.
This Kafka-esque situation was brought to an end after the Law Lords condemned the use of part IV in their judgment in December 2004.
The Government's response was the Prevention of Terrorism Act 2005. When this was passed, the detained men were issued with control orders.
Liberty campaigned against the detention powers, and against their replacement with powers including house arrest. We believe that suspects should know the case against them, stand trial and, if found guilty, be imprisoned. Shadow Home Secretary David Davis told journalists today that anticipated future terror emergencies do not warrant new laws to extend pre-charge detention. Instead, emergency powers in the Civil Contingencies Act 2004 (CCA) already allow for a targeted and temporary extension of pre-charge detention periods for suspects in a terror emergency, subject to Parliamentary and judicial oversight. 19.07.2007
| Evidence to the Home Affairs Committee, Dec 05. PDF Liberty’s response to the Home Affairs Committee Inquiry into Counter-Terrorism Proposals, July 07
Joanne Sawyer and Shami Chakrabarti write on the implications of the Lords' ruling, Jan 05 PDF Liberty intervened in the case of the men detained without trial under ATCSA. Click here for more information.
Into the operationof Part IV detentions, Dec 03, PDF Transcript from the solicitor of many of the detained men, Dec 03, PDF. Into the well-being of the detainees. 2004, PDF.
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