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  • Hilary Benn's letter, re your report on terrorism detainees (16 Sept 2002)

  • 16 Sep 2002
  • John Wadham
  • Sir

    Home Office Minister Hilary Benn's attempt to defend the internment of terrorist suspects (16th September) unfortunately does not present the whole truth.

    Mr Benn doesn't explain why, if these people are so dangerous that they must be locked up, the Home Office's system ensures that they are free to leave if they can find any country to take them. He does not mention the fact that - despite substantially extending the law in the Terrorism Act 2000 - the government accepts it still does not have the evidence to prosecute these people in the criminal courts (perhaps because they are not guilty?).

    He doesn't mention that in order to escape condemnation by the UK and European courts, the government 'opted out' of the Human Rights Convention's protection against arbitrary detention. The UK is the only one of the 43 countries in the Council of Europe to have tried this.

    He doesn't mention that those detained and their lawyers aren't allowed to see details of the accusations against them, and so cannot possibly defend themselves properly. The Commission, which finally decides on whether they remain detained or not, meets in secret to read this material and to hear the government's arguments for continued detention. A lawyer appointed by the Attorney-General attends to protect the detainee, but their role is extremely restricted.

    Lastly, Hilary Benn doesn't mention that despite the opt-out, in July the Commission found that internment breached the rights of those detained. It did so because the policy discriminates against foreigners - British Citizens cannot be detained in this way, no matter how dangerous David Blunkett thinks they are. Even the Home Office didn't dare lock up its own citizens without trial.

    Yours
    John Wadham
    Director
    Liberty
    21 Tabard Street
    London SE1 4LA