A v Secretary of State for the Home Department

Standard

2004.

This is about the Belmarsh 9.

indefinite detention of foreigners was not allowed udner ECHR

Anti terrorism crime and security act. 2001.

Special Immigration  Appeals Commission

They had a right to appeal against the decision of this commission

Indefinite detnetion without trial pending deporation only applied to non Britons. Lord Hoffmann said this was not permitted since it was discriminatory.

A derogation from the HRA was not allowed since there was no threat to the life of the nation

The incarceration of these men was incompatible with human rights and the British constitution.

 

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About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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