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Verily, Allâh enjoins Justice and Correctness, and helping kith and kin and forbids lewd acts and all kinds of evil deed and oppression. He admonishes you so that you may take heed. (An-Nahl: 90) |
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No right to trial
for 10 terror suspects Ten
men believed by the government to be international terrorists
yesterday lost their appeal against detention without charge or
trial. The men, most of
whom have been held in high security prisons or mental hospitals
since December 2001, said they now expected to be locked up for the
rest of their lives. All deny connections to terrorism. After the
dismissal of the cases by the Special Immigration Appeals Commission
(SIAC), a lawyer for the men told a panel of three judges:
"Secrecy has been chosen over due process and is a dangerous
precedent for the future, not just for these detainees. Their arrest
and continuing detention without due process marks the entry of this
country into a new dark age of injustice." The judgment
considered whether evidence might have been extracted from people
who were tortured and ruled that if it had, it would not necessarily
be dismissed by the court. Human rights campaigners have been
outraged at the possibility that Britain would accept such evidence
and that the home secretary would have relied on it. David Blunkett
alleges that the 10 men, all foreign nationals, were connected to
groups linked to Osama bin Laden and al-Qaida. The judges said
there was "sound material" to back up the assessment that
they were a risk to national security. The case against one, Jamal
Ajouaou, a Moroccan citizen who has returned home, was considered
"compelling". Another
detainee, known as "D", was described as a "practised
and accomplished liar" whose attempts to distance himself from
other terror suspects could not be believed. Mr Blunkett
welcomed the decision. "These determinations send a clear
signal to international terrorists that the UK is a very difficult
place for them to plan terrorist attacks, whether from here or from
abroad," he said. Open and secret
evidence was presented to the SIAC court, some of it from security
service witnesses. The men were not allowed to know the nature of
the secret evidence against them. In their
statement yesterday the judges criticised two MI5 terrorism experts,
saying they were often too quick to draw conclusions or inferences
in assessments, and that they did not have "detailed
knowledge" of the political background in Algeria or Egypt or
of various terror groups. "But that
did not diminish their evidence to our mind," it went on.
"Witness A [an MI5 officer] was surprisingly unaware of the
detail of common and public allegations about ill treatment in
Guantanamo Bay." The 10 men were
interned under the Anti-Terrorism Crime and Security Act, which came
into force two months after the September 11 atrocities. The government
only had to prove it had "reasonable grounds to suspect"
that the men were linked with terrorism and has admitted that the
evidence would not stand up in a proper court of law. The judgment
said that "the standard of proof is below a balance of
probabilities" but this was because of the nature of the risk
facing the UK. Gareth Peirce,
the solicitor acting for eight of the men, criticised the
"deference" shown to the security services and the
government. "The same
political agenda that created weapons of mass destruction and
claimed there was an immediate threat to this country has created a
wish to find danger from the presence in this country of these
appellants," she said. Amnesty
International said that the judgment was a "perversion of
justice". Audrey Gillan Thursday October 30, 2003 The Guardian |
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