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Solicitors Attack
UK Anti-Terror Laws
The expected return of the remaining British Guantanamo detainees
should act as a catalyst for the Government’s reform of its own
anti-terror laws, it was claimed tonight.
President of the Law Society, Edward Nally, said the impending
arrival of the four men from the United States’ detention camp on
Cuba should spur Home Secretary Charles Clarke into a major overhaul
of the UK’s controversial internment legislation.
Nine foreigners have already won their case in the House of Lords
over their indefinite detention without charge or trial, which was
ruled illegal under human rights laws.
Mr Nally said: “What I hope the return of the Guantanamo detainees
would do is provide a catalyst to convince the government to think
seriously about whether it is their responsibility to apply the law,
not weave around it.
“If it gives the government pause for thought then that is no bad
thing.”
Azmat Begg, the father of Guantanamo detainee Moazzam Begg, has said
he expected to be reunited with his son tomorrow.
The Home Secretary has said he will respond to the Law Lords’ ruling
in the next few weeks.
Today’s comments by the Law Society chief were the first time the
body representing 90,000 solicitors had attacked the Government’s
anti-terror laws.
The nine detainees in the UK have been held without charge or trial
at Belmarsh and Whitemoor prison for three years .
Mr Nally added: “Indefinite imprisonment without charge or trial is
totally unacceptable.
“Some of these prisoners have now been detained for three years and
the time has come for them to be tried or released.
“The rule of law must prevail and the Government can no longer
ignore the Law Lords’ ruling.
“What is happening contravenes fundamental legal principles.”
Mr Nally went on that even a type of “secret trial” where sensitive
evidence is with-held from the alleged terrorists would be
preferable to the current situation.
Allowing no proper external scrutiny of the case against the
detainees meant Britain was on the “slippery slope towards the
erosion of the rule of law,” he added.
Last week Mr Clarke revealed Britain was actively discussing an
agreement with some north African countries to ensure some of those
detained could be deported without facing the risk of torture and
execution.
Under human rights law, officials cannot deport anyone if they will
face physical danger.
Source: Scotsman
24 Jan 2005
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