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IHF Report 2006 UNITED KINGDOM* 467 IHF FOCUS: access to information; right to a fair trial and effective remedies; anti- terrorism measures; torture, ill-treatment and police misconduct; prison conditions; respect of private and family life; racism, intolerance and xenophobia; migrants, asy- lum seekers and refugees; Northern Ireland. Developments in the field of human plaints about alleged failure to comply. By rights were marked by the 7 July terrorist July 2005, the information commissioner attacks on central London. Subsequently had recorded a wide diversity of informa- several controversial proposals were put tion put into the public domain from costs forward by the government for new anti- and use of government official cars to lo- terrorism legislation and steps were made cation of speed cameras.2 During passage to speed up deportations of suspected ter- of the bill, critics had argued that the 23 rorists. Increased reports of arbitrary stop exemptions to access and the limited pow- and searches and the fatal shooting of a ers of the commissioner would, however, wrongly suspected suicide bomber raised severely limit information disclosure. concern about the wide powers given to The first test case brought by the police post September 11. Further there Guardian newspaper requesting Lord were reports of increased expressions of Goldsmith’s advice to the government on islamaphobia and racism in institutions the legality of the Iraq war which was re- and the public at large. fused on grounds of national security and The Council of Europe human rights a referral to the information commissioner commissioner in his report on the UK pub- was repeatedly stalled. The advice was lished in June1 found serious shortcomings subsequently leaked to the media in in the criminal justice system, in particular March showing that a second UN Security overcrowding in prisons and the treatment Council resolution had been proposed as of young offenders. He also highlighted the safest legal course. deficiencies in the handling of asylum Civil rights organizations criticized the claims and raised concern about limita- fact that some public bodies were routine- tions placed on the right to a fair trial by ly obstructing access to information and anti-terrorist legislation. that a backlog of appeals in cases where While the entry into force of the Free- the government had refused access dom of Information Act was welcomed, a lodged with the information commissioner serious backlog of complaints of denial of was encouraging this. In December over access resulted in the fact that no contro- 1,300 appeals lodged since January were versial cases had been ruled upon by pending and very few of those resolved year’s end. touched upon the issue of exemptions.3 Concern was also raised that the process Freedom of Expression, Free Media could be obstructed further with the intro- and information duction of proposed fees. Access to Information On 1 January, the Freedom of Infor- Protection of Journalists’ Sources mation Act 2000 came into force giving There continued to be concern related the public for the first time the right of ac- to the protection of journalists’ sources. In cess to information held by over 100,000 August, following a BBC interview with public authorities. An information commis- members of a radical Islamist group, in sioner has the responsibility of informing which it justified the 7 July bombings, po- public about the act and considering com- lice sought a court order under the Terror- * By the IHF Secretariat and the Committee for the Administration of Justice (on Northern Ireland). 468 UNITED KINGDOM ism Act 2000 to gain access to all material in indefinite detention including curfews, related to the interview. The information electronic tagging, restrictions on meeting was refused by the BBC on the grounds and telephoning others and a ban on the that the court order had been sought with- use of the internet. out informing them and due to the viola- In his report on the UK, Council of Eu- tion of the confidentiality of media sources. rope human rights commissioner argued 4 The case was pending at year’s end. against the limited judicial control and sig- nificantly reduced procedural guarantees, Right to a Fair Trial and Effective which effectively substitute the ordinary Remedies criminal justice system with a parallel sys- Anti- Terrorism Measures tem run by the executive.6 The introduction of new legislation in On 7 July, three co-coordinated sui- March and responses to the 7 July bomb- cide bomb attacks in underground stations ings in London intensified criticism of the and one on a public bus, killed 52 people approaches taken by the government with and injured hundreds. A second similar at- respect to the right to a fair trial. Following tack failed two weeks later. Subsequent ev- the House of Lords ruling in December idence found that the attacks had been 2004, which held that indefinite detention carried out by four British born men of for- under the Anti-Terrorism, Crime and Se- eign descent. In response the prime min- curity Act 2001 (ATSCA) without charge or ister published consultation papers on trial was incompatible with both British and new proposals for anti-terrorism measures international law, a replacement twin-track and launched a review of the UK’s anti-ter- approach for foreign nationals suspected rorist responses in comparison with those of terrorism was provided for in the Pre- in other European countries. Further the vention of Terrorism Act 2005. The act, government produced a list of new which came into force in March, gives the grounds “of unacceptable behavior” for government the power to either deport the deportation of foreign nationals. The suspects provided “diplomatic assurances” NGO “Liberty” argued that ”justifying or are given by their home country that they glorifying terrorism” included as a ground will not be subjected to torture upon re- without clear definitions could pose a turn. Where such assurances are not pos- threat to freedom of expression and could sible, the act provides for the enforcement implicate in terrorism a wide range of peo- of control orders (irrespective of nationali- ple simply voicing dissent.7 ty) severely restricting the suspect’s move- The government also announced its ment and activities. Control orders can also policy to speed up deportations by con- include house arrest provided that deroga- cluding “memoranda of understanding” tion from the European Convention on with specific countries containing the nec- Human Rights (ECHR) is sought. Civil essary assurances that those deported rights organizations criticized the rapidity would not be subjected to torture or ill with which the bill was rushed through treatment in violation of article 3 of the parliament with little public discussion and ECHR upon return. Such memoranda were the fact the that provisions continued to concluded both with Jordan and Libya and amount to detention on the basis of secret the government signaled that it was seek- 5 evidence and without charge or trial. ing agreements with a further ten coun- N Immediately following passage of the tries. The moves sparked a wave of criti- law, the home secretary applied control or- cism from civil rights organizations, point- ders on the ten Iraqis who had been held ing up the ineffectiveness of such assur- HUMAN RIGHTS IN THE OSCE REGION IHF REPORT 2006 UNITED KINGDOM 469 ances as a safeguard and the dangers they suspects could be detained without charge pose to the absolute nature of the non-re- from 14 to 90 days and the introduction of foulement obligation. The UN special rap- a new criminal offence for statements that porteur on torture expressed fears that the glorify the commissioning or preparation of UK’s moves to request “diplomatic assur- acts of terrorism either directly or indirect- ances” “for the purpose of expelling per- ly designed to encourage further terrorist sons in spite of a risk of torture reflects a acts. Further proposals included measures tendency in Europe to circumvent the in- to extend the home secretary’s powers to ternational obligation not to deport any- ban not only groups directly involved in body if there is a serious risk that he might terrorism but also those whose activities be subjected to torture […] Diplomatic as- “glorify, exalt or celebrate terrorism” and surances are not an appropriate tool to the introduction of a criminal offense for eradicate this risk.”8 A statement by a coali- disseminating terrorist publications. AI con- tion of human rights organizations in May, demned the bill as dangerous and ill-con- including the IHF, also detailed the con- ceived representing a “deliberate attrition cerns.9 While several foreign nationals of human rights.”11 were detained, no deportations had taken While passage in the House of Com- place under the agreements by year’s end. mons in November reduced the period of In a landmark ruling in December, the detention to 28 days, there remained con- House of Lords held that evidence ob- cern that the case for extension had still tained in third countries by torture could not been justified and could lead to arbi- not be used in ATCSA proceedings. This trary detention.12 “Liberty” also expressed overturned an appeals court decision in Au- concern that extending the grounds for gust 2004 which had ruled that such evi- proscription could criminalize membership dence could be used if the UK neither “pro- or support of non-violent political parties. cured nor connived” at it. Civil rights organ- Discussions were ongoing at year’s end. izations had argued that this was tanta- mount to commending the use of torture, Torture, Ill-Treatment and Police thereby violating international human rights Misconduct law. The ten defendants were waiting for a Deaths as Result of Police Action review of their cases by the Special The extent and use of police powers Immigration Appeals Commission at year’s introduced following September 11 con- end.
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