01 Aug 2006

In two decisions which will most likely be appealed to the House of Lords, the Court of Appeal today found that control orders deny an individual’s right to liberty but not his right to a fair trial.

Significantly, the Court found that making people subject to curfews and restricting where they can live amounts to imprisonment.
 
If the Law Lords find control orders are incompatible with either of these rights the Government could either be required to scrap the system of control orders completely or to derogate from Article 5 of the European Convention on Human Rights before making the same men subject to the more serious derogating control orders.
 
Director of Liberty, Shami Chakrabarti, said:
 
“It is very important that the Government has been called to account for detaining people without trial in breach of its promises to Parliament. 
  
The House of Lords will have to return to the viability of the entire control order scheme which undermines core democratic values by allowing indefinite punishments without charge or trial.”
 
Under the Government’s control order system established in 2005, terror suspects for whom there is not enough evidence for conviction can be tagged, confined to their homes and banned from communicating with others.
 
Contact Jen Corlew on 0207 378 3656 or 0797 3 831 128 
  
NOTES TO EDITORS
 
1. June 2006: The High Court declares control orders are incompatible with Article 5 (the right to liberty) of the European Convention on Human Rights and quashes the control orders of six foreign nationals. Fifteen people, both British and foreign nationals, are believed to be on control orders. 
 
2. April 2006: The High Court finds in the control order case 'MB' that he was denied the right to a fair trial (Article 6 of the Human Rights Act). 
  
3. 2005: Control orders are brought in by the Government under the 2005 Prevention of Terrorism Act. More details below. 
  
4. December 2004: Law Lords say holding terror suspects without trial is unlawful. Special Advocate Ian MacDonald QC resigns.