Power to intern without trial

Richard Norton-Taylor
Monday September 9, 2002 The Guardian

After the September 11 attacks on the US the British government rushed through the Anti-Terrorism, Crime, and Security Act

Its most controversial measure is the power it gives the government to intern foreigners without trial. The government had to suspend Britain's obligations under the European human rights convention, which guarantees the right to liberty except prior to a trial and after conviction by a court.

Britain is alone among signatories to the convention in imposing any derogation in the fight against al-Qaida. The convention allows states to avoid their obligations "in time of war or other public emergency threatening the life of the nation"; civil rights groups say there is little evidence of any such threat.

Under the act, the special immigration appeals commission, presided over by a high court judge, can hear appeals against internment. But internees and their lawyers are not allowed to see the evidence against them.

Civil liberties groups say the internment provision is irrational and disproportionate: people are detained on the grounds they are terrorists yet are free to go abroad.

Critics say it imposes a shadow criminal justice system devoid of normal safeguards and removing the presumption of innocence.

It has been used to "reclassify" suspects held before September 11. Individuals previously awaiting trial have been transferred to high security prisons like Belmarsh in London.

It becomes a criminal offence not to disclose information about terrorism. This could be used against families of those involved in terrorism and against journalists.

The home secretary can force internet service providers to retain data relating to personal emails, faxes, terrestrial and mobile telephone calls.

It gives the police, security and intelligence agencies, and others, the power to obtain personal and private files held by government departments for "the purposes of any criminal investigation" and gives the police powers to fingerprint and take photographs by force.