18 Jun 2007

Details of Algeria’s human rights record and diplomatic negotiations between the UK and Algerian governments should not be the subject of secret hearings by the Special Immigration Appeals Commission (SIAC) when determining if Algerian detainees are to be returned to the risk of torture, said the human rights group Liberty.

Liberty is intervening in a Court of Appeal hearing opening tomorrow of an Algerian detainee (“MT”, formerly referred to as “Y”) who faces deportation despite concerns that he may be imprisoned, tortured and tried unfairly if returned. Two Algerian detainees deported in January 2007 were reportedly arrested, imprisoned and charged with terror-related activities despite a UK-Algeria understanding that their human rights would be protected.

Liberty’s Legal Officer Alex Gask said:

“To spare itself the embarrassment of exposing sensitive negotiations with a known human rights abuser, our Government will deny Algerian detainees their full protection against the threat of torture. Overzealous secrecy in this deportation system can lead to tragic results when people’s dignity and lives are at stake.”

The UK is obligated under the UN Convention Against Torture (UNCAT) not to forcibly deport individuals to countries which are known human rights abusers. The Convention stipulates that a state must not return a person to another state where there are substantial grounds for believing that he might be tortured. Full procedural protections must be in place, which cannot be the case when secret evidence is discussed without ever being seen by the detainee or his legal representatives.

In an effort to circumvent these obligations, the UK Government has secured “Memoranda of Understanding” with Jordan, Libya and the Lebanon to return foreign nationals held in the UK to those countries. Algeria has refused to sign such an agreement, despite significant efforts from the UK Government.

Jen Corlew on 0207 378 3656 or 0797 3 831 128

Notes to Editors

1. The UK government claims that “MT/Y” poses a threat to national security. This is based in part on evidence that has not been disclosed to the suspect. “MT/Y” was accused of conspiring in the “ricin plot” in 2003 but was acquitted in 2005.

2. The Court of Appeal will hear the case of MT together with that of two other Algerian detainees, known for the purposes of this appeal as “RB” and “U”. It is believed that up to 14 additional Algerians are currently being held or are under conditional release in Britain on suspicions of terrorism.

3. The Foreign and Commonwealth Office in 2005 voiced the following concerns about human rights in Algeria: “Alongside the violence committed by the Islamic armed groups over the last decade are numerous documented allegations of human rights abuses by the security forces and state-armed militias, including the enforced disappearances of at least 6,000 people, abductions, torture and extra-judicial killings. The UK Government continues to urge the Algerian Government to comply fully with all its obligations under international human rights law, including the investigation of human rights violations, and to grant a visit to Algeria by the UN Special Rapporteur’s on torture and on extra-judicial killings.” www.fco.gov.uk

4. The Special Immigration Appeals Commission (SIAC) is an immigration tribunal empowered to hear appeals by foreign nationals facing deportation because they are accused of posing a threat to the national security of the UK. SIAC is allowed to conduct closed hearings which exclude the deportee and legal representatives.