The system permits potentially indefinite detention on the basis of secret
"evidence" and allows the use of "evidence" extracted under torture.
The report - UK: Justice Perverted under the Anti-terrorism, Crime and Security Act
2001 - examines Part 4 of the Anti-terrorism Crime and Security Act, 2001 which
permits the potentially indefinite detention of non-UK citizens without
charge or trial. There are currently 14 people held under this
legislation, six of whom will have been in detention for two years on 19
December.
Amnesty International UK Director Kate Allen said:
"The Act is discriminatory - there is one set of rules for British
citizens and another for nationals of other countries.
"It effectively allows non-nationals to be treated as if they have been
charged with a criminal offence, convicted without a trial and sentenced
to an open-ended term of imprisonment. In no respect can this be
considered just."
Amnesty International has monitored the open sessions of the proceedings
brought by a number of detainees to appeal against their certification by
the Home Secretary as "suspected international terrorists". During the
course of the hearings - some parts of which were closed - the Special
Immigration Appeals Commission (SIAC) made a number of disconcerting
rulings. In particular it effectively denied the detainees the presumption
of innocence. The burden of proof used to detain these individuals is
lower than that even of a civil case.
Kate Allen said:
"These individuals face indefinite detention on the basis of a lower
standard of proof than would be necessary in a civil court case to recover
damages following a car accident.
"What is more, they can be held indefinitely on the basis of secret
'evidence'. Evidence that neither they nor their legal representatives can
access and challenge."
Amnesty International is deeply concerned that SIAC also ruled during the
appeal hearings that "evidence" extracted by torturing a third party is
not only admissible, but may also be relied upon by the SIAC in reaching
its judgments.
Kate Allen added:
"By indicating that they are prepared to rely on evidence extracted under
torture, the UK legal process has effectively given a green light to
torturers. Using evidence tainted by allegations of torture is contrary to
any notion of justice and respect for the law.
"The UK government should repeal Part 4 of this legislation and ensure the
same legal safeguards for all individuals regardless of their origin.
"If there is sufficient evidence to warrant holding these individuals
indefinitely they should be charged and tried in proceedings which meet
international fair trial standards. Otherwise they should be released."