Is the UK's Detention of Terrorism Suspects Without Trial Illegal?

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Discussion Overview

The discussion centers on the legality and implications of the UK's detention of terrorism suspects without trial, particularly in light of human rights laws and the impact of such measures on justice and civil liberties. It touches on legal rulings, government actions, and public sentiment regarding terrorism legislation and its consequences.

Discussion Character

  • Debate/contested
  • Conceptual clarification
  • Meta-discussion

Main Points Raised

  • Some participants reference a ruling by the UK's highest court declaring that detaining foreign terrorist suspects without trial violates human rights laws, highlighting concerns about indefinite imprisonment.
  • There is mention of the government's decision to detain suspects without charge as a response to the 9/11 attacks, raising questions about the balance between security and civil rights.
  • One participant notes the expected release of Britons held at Camp Delta, suggesting their release could imply innocence.
  • Concerns are expressed about the potential deportation of foreign nationals held on suspicion of terrorism, with the effectiveness of such actions being contingent on diplomatic relations.
  • Some participants express skepticism about the fairness of the legal process, questioning the validity of evidence against detainees and the implications of revenge-driven policies.
  • Chilling hypothetical scenarios are raised regarding the fate of detainees, reflecting a broader concern about justice and the potential for wrongful actions against them.

Areas of Agreement / Disagreement

Participants exhibit a range of views, with some agreeing on the illegality of indefinite detention without trial, while others express skepticism about the effectiveness and morality of current policies. The discussion remains unresolved regarding the implications of these legal and ethical concerns.

Contextual Notes

Limitations include the lack of consensus on the legality of the detentions, the varying interpretations of human rights laws, and the dependence on political contexts that influence the treatment of detainees.

the number 42
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http://news.bbc.co.uk/2/hi/uk_news/4100481.stm Thursday, 16 December, 2004

"Detaining foreign terrorist suspects without trial breaks human rights laws, the UK's highest court has ruled... The Law Lords said the measures were incompatible with European human rights laws, but Home Secretary Charles Clarke said the men would remain in prison... Most of the men are being held indefinitely in Belmarsh prison, south London. ...The government opted out of part of the European Convention on Human Rights concerning the right to a fair trial in order to bring in anti-terrorism legislation in response to the 11 September attacks in the US. ...Lord Nicholls of Birkenhead, in his ruling, said: "Indefinite imprisonment without charge or trial is anathema in any country which observes the rule of law. ...the detention had driven four of the [11?] detainees to "madness", saying two were being held in Broadmoor hospital".
 
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The remaining four Britons held (without charge) at Camp Delta are to be released, it is expected to be announced today at noon (GMT). Their release can be taken as testimony to their innocence.
 
Foreign Secretary Jack Straw said "Once they are back in the UK, the police will consider whether to arrest them under the Terrorism Act 2000 for questioning in connection with possible terrorist activity."
http://news.bbc.co.uk/1/hi/uk/4163641.stm

Note that the five Britons released from Camp Delta last year were not considered a threat by the UK authorities, based on brief police questioning upon their release. If the US and UK are fighting for freedom & justice, surely these cases backfire on us massively.
 
There is now talk at the Foreign Office of deporting some foreign nationals held at Belmarsh on suspicion of terrorism to their native countries. A lot will depend on Britain's relations with the other country though. Its been on the BBC news a couple of times, but no internet links as yet.
 
the number 42 said:
If the US and UK are fighting for freedom & justice, surely these cases backfire on us massively.

Can't they simply have a car accident ?

:devil:
 
vanesch said:
Can't they simply have a car accident ?

:devil:

That's a chilling thought. C'mon Vanesch, what happened to 'innocent until proven guilty, and then hit by truck in terrible accident while on way back from court'? Kidding aside, the reason we don't have the death penalty in Britain any more is because mistakes can & have been made. And the evidence against a lot of the people detained is apparently very very flimsy. I can understand the need for revenge for 9/11, but let's get the right guys, not just anyone who wears a turban.
http://news.ncmonline.com/news/view_article.html?article_id=197cc526ed6961e5cbfeb2febcd6867c
 

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