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| Judgment on detention without charge or trial of nine 'terrorist suspects' this Tuesday26 Jul 2002 Ruling on the legality of detentions: Special Immigration Appeals Commission
15 Breams Buildings, off Chancery Lane, London; 2pm Tuesday 30th July
Judgment will be handed down verbally by Mr Justice Collins on Tuesday at 2pm - in Court 1, 15 Breams Buildings, off Chancery Lane. SIAC heard the case in public over three days (17th, 18th, 22nd July) and then in secret.
The judgment will rule on whether the detention of several alleged 'terrorist suspects' under the internment powers created in the Anti-terrorism, Crime & Security Act 2001 are lawful. To introduce these powers, the UK derogated (effectively opted out) from the Article 5 protection against detention without charge or trial of the European Convention of Human Rights.
Liberty was given special permission to intervene at the hearing and to make submissions contending that the derogation is unlawful and that the power is discriminatory. If Liberty is successful, the central part of the Anti-terrorism, Crime & Security Act would be contrary to the Human Rights Convention and all the suspects would be being held in violation of their fundamental human rights.
BACKGROUND The Special Immigration Appeals Commission (SIAC) tribunal comprises three judges, including SIAC president Mr Justice Collins.
The Special Immigration Appeals Commission process is a limited and partly secret process. The person and his or her lawyer will not be entitled to see all the evidence and the appeal panel will have to exclude them when it hears that secret material.
The case [justifying their detention by justifying their definition as a person reasonably suspected by the Home Secretary of being terrorists] will not have to be proved beyond reasonable doubt, the presumption of innocence will not apply and the usual quality checks on the evidence will still be missing.
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