16 May 2007

The European Court of Human Rights today will seek to determine if the detention of asylum seekers for mere administrative convenience violates their right to liberty.

Liberty, the AIRE Centre, and the European Committee for Refugees and Exiles have intervened in Saadi v. the United Kingdom to argue that the detention of asylum seekers who are not suspected of attempting to make an unauthorized entry is unlawful. The challenge claims that depriving any individual of their liberty can only be legally justified when it is necessary rather than convenient.

Liberty’s legal officer Alex Gask said:

“This case represents simple human dignity and freedom versus the politicized government number-crunching of asylum claimants. It is tragic to imprison foreign nationals fleeing persecution for mere administrative convenience.”

The case is brought on behalf of Dr. Shayan Baram Saadi, an Iraqi Kurd and member of the Iraqi Communist Party. He fled from Iraq after treating and aiding the escape of three fellow party members who had been attacked.

Dr. Saadi immediately claimed asylum upon arriving in Heathrow Airport on 30 December 2000 and was granted temporary admission. He cooperated fully with the immigration authorities, but was subsequently detained in Oakington Reception Centre on 2 January 2001. The Oakington facility holds asylum claimants unlikely to abscond who are put on a “fast-track” claims procedure. Dr. Saadi was detained because officials believed that as an Iraqi Kurd his claim could be expedited, but this was not made clear to him until 5 January 2001. He was released on 9 January 2001 after his claim was refused, and was once again trusted with temporary admission. He appealed the asylum decision and was granted asylum in January 2003.

Dr. Saadi and three other Kurdish Iraqi detainees who were held at the Oakington facility claim that their detention was unlawful under the UK’s Immigration Act 1971 and under Article 5 (the right to liberty and security) of the European Convention on Human Rights.

Contact: Jen Corlew on 0207 378 3656 or 0797 3 831 128

Notes to Editors:

1. The Grand Chamber of the European Court of Human Rights will hear Saadi v. the United Kingdom (application no. 13229/03) at 9am on Wednesday 16 May 2007. The judgment will be reserved.

2. For a copy of Liberty’s legal intervention into Saadi v. the United Kingdom contact jenc@liberty-human-rights.org.uk

3. The Court held in its Chamber judgment of July 2006, by four votes to three, that there had been no violation of Article 5.1 (the right to liberty and security), and, unanimously, that there had been a violation of Article 5.2 (the right to be promptly informed upon arrest of the charges).

3. The Committee of Ministers of the Council of Europe have adopted Recommendation (Rec (2003) 5) which states: “Measures of detention of asylum seekers should be applied only after a careful examination of their necessity in each individual case.”

4. The Court of Appeal and the House of Lords both held that the detention was lawful in domestic law. In connection with Article 5 they each held that the detention was for the purpose of deciding whether to authorise entry and that the detention did not have to be "necessary" to be compatible with that provision. They further maintained that the detention was "to prevent unauthorised entry" and that the measure was not disproportionate. The House of Lords also found that, given the high number of interviews every day (up to 150), detention was necessary for the speed and efficiency of the system.