UK Legislation
After much debate, the UK Parliament passed the Anti-terrorism, Crime and Security Act in December 2001.
The Act was intended to make it easier for law enforcement agencies to track terrorist funds and share information.
Most controversially, the Act grants the home secretary the power to detain suspected international terrorists without trial if deportation is not possible because it would endanger the suspects’ lives.
Since this provision violates Article 5 of the Human Rights Act, the home secretary had to assert that the UK is in a 'state of public emergency.' Article 5 guarantees the right to liberty and grants protection against detention without charge of trial.
In addition, communications companies will now have the power to retain information on calls and emails made by their customers, though they will not be able to retain their contents.
Liberty, a human rights group, legally challenged Britain's anti-terror laws in July 2002, claiming they breach human rights. Amnesty International has similarly asserted that the new laws breach fundamental human rights.
In total, 17 men have been arrested and held without trial in the UK under the new laws. Of these, 11 are still being detained.
Most are being held at Belmarsh Prison in London, which some human rights groups have termed “Britain’s Guantanamo Bay.”
Home Secretary David Blunkett has admitted that the situation is not ideal, but argues that it is necessary and “the best and most workable way to address the particular problems we face.” But in August, Parliament’s Joint Committee on Human Rights called for an alternative to be found to the Anti-terrorism, Crime and Security Act’s internment powers, and said suspected terrorists should be charged and face trial rather than left in legal limbo.
However, just two detainees have so far successfully challenged their detention, with three Appeal Court judges deciding in August the government was legally entitled to hold 10 other men who appealed. Solicitors are currently attempting to overturn this decision in the House Of Lords.