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No trial means justice
denied - detention in Britain
by Paul Donovan, Tribune,
12th January 2007
There are people living like ghosts in our
communities. These were the words used by human rights activist Bruce
Kent to describe the lives of a number
of individuals who have been held without trial in a variety of forms
of captivity in the UK over recent years.
Mr Kent is one of a number of courageous people
who have provided moral
support by visiting those placed under control orders. Many of those
detained have finished up in Broadmoor, driven mad as a result of the
pressure they have been put under.
The problems started for many of the men following
9/11. Some were initially detained without trial under the
Anti-terrorism Crime and Security Act 2001.
Then after the law lords ruling in December 2004
that detention without
trial was unlawful they were put on control orders. After the London
bombings they were re-arrested prior to being served notice of
deportation by the Home Office. A number of the men cleared in the
so-called ricin
trial (April 2005), where no ricin was found, were also processed in
the same way. So for the past 15 months, some have remained in prison
while
others have been bailed under control order style conditions.
Throughout the
period of detention, there has been no mention made of what offence
they are
supposed to have committed.
The latest effort has seen the Government trying
to deport these individuals back to the torturing countries from which
they fled seeking sanctuary as refugees.
Originally, the aim was to secure Memorandums of
Understanding (MOU) with
various countries. The government asserts that a "MOM" guarantees, by
way of
"diplomatic assurances", that people deported by the UK would not be
tortured or ill-treated in the country to which they are sent. MOMs
have
been obtained with Jordan, Libya and Lebanon but proved impossible to
achieve with Algeria, from where the majority of those being detained
originate.
Human rights groups like Amnesty International
point out that "the essential
argument against diplomatic assurances is that the perceived need for
such
guarantees is in itself an acknowledgement that a risk of torture and
other
ill-treatment exists in the receiving country."
However, in a landmark case at the Special
Immigration Appeals Commission
(SIAC) Justice Ouseley ruled in the case of an Algerian man known as Y
that
assurances given to Tony Blair by the Algerian Government that "no
torture,
no ill-treatment" would take place were sufficient.
The significance of the ruling was that the
barrier to deporting people back
to countries where they could face torture had been lowered even below
that
of the nefarious MOMs.
Y's solicitor, Gareth Peirce, succintly summarised
the position. "A year ago
Tony Blair said the rules of the game had changed and they would deport
refugees to countries that they knew used torture, but they would not
do it
unless we have a MOM and an independent monitoring group," she said.
"Now
one year later, there is no MOM and no monitoring group in place. The
government are saying they are not necessary and today the court has
endorsed that."
Yet Algeria is a country which the Home Office's
own country report,
produced by the Country Information and Policy Unit to assess asylum
claims,
says practices "beatings with fists, batons, belts, iron bars, plastic
pipes
or rifle butts; whipping; cutting with sharp objects; hitting the soles
of
the feet; soldering irons or cigarette butts applied to bare skin."
Amnesty International referred to the SIAC
decision as an affront to justice
given that the "officials of the Departement du Renseignement et de la
Securite (DRS), Department of Information and Security, also known as
Military Security, continue to torture uncharged detainees held in
their
custody."
There is growing concern in legal circles at the
way in which the Government
have effectively used the immigration court process via the SIAC as a
way to
circumvent normal due process. All most of those being detained have
called
for all along is to be brought before a fully accredited court to face
whatever charges they are accused of. The reality has been they have
become
trapped in the immigration court sphere, unable to access justice.
Justice Ouseley, the judge who presided over the
case of Y and others at
SIAC, has an interesting history himself. For it was he who back in
2001
decided that the Chagos islanders would receive no compensation for
their
forcible and illegal removal from Diego Garcia in 1966 to make way for
a US
base. The islanders claim for compensation came a year after an
initially
successful High Court ruling that they were removed unlawfully.
Dismissing
the claim for compensation, Justice Ouseley described the islanders
case as
"unmeritorious" and "hopeless."
No doubt Justice Ouseley was one of those Mrs
Peirce had in mind when she
recently stressed the need for an education in human rights for the
judges.
"The right to trial by jury has been taken away
without any debate but by
sleight of hand," said Mrs Peirce, who lamented the passive way in
which
this police state style justice has been accepted by the majority of
people
in this country.
The plight of the likes of those held in a state
of limbo in our prisons and
under control order style conditions in the community need to be
brought to
the notice of a wider audience. The way in which the ongoing removal of
citizen's rights at the behest of an ill defined terrorist threat
should
be a
cause of concern to everyone. It is high time that the injustice of the
hidden system administered via the immigration courts was exposed. Only
when
more people become aware will citizens once and for all be able to
start
reclaiming their rights.
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