A and Others v Secretary of State for the Home Department

A And Others V Secretary Of State For The Home Department

Court Case
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A and Others v Secretary of State for the Home Department

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Description:
A and others v Secretary of State for the Home Department UKHL 56 is a UK human rights case heard before the House of Lords. It held that the indefinite detention of foreign prisoners in Belmarsh without trial under the Anti-terrorism, Crime and Security Act 2001 section 23 was incompatible with the Human Rights Act 1998.

The case should not be confused with the case A v Secretary of State for the Home Department UKHL 71, which relates to the use of evidence obtained by torture in British courts.

Facts

The case began with 10 men who challenged a decision of the Special Immigration Appeals Commission to eject them from the country on the basis that there was evidence of them being a threat to national security.

Of the 10 appellants, all except 2 were detained in December 2001; the others were detained in February and April 2002 respectively. All were detained under the Anti-terrorism, Crime and Security Act 2001. Part 4 of the Act allowed this procedure and their deportation only for non-British nationals. Under section 25 of this Act, they had the legal right to appeal to the Special Immigration Appeals Commission against their detention.

Judgment

The House of Lords held by a majority (Lord Bingham, Lord...
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