Press Release Search
Search for press releasesCourt Of Appeal Judgment - Statement From The Home Secretary-
11 August 2004
Home Secretary David Blunkett said:
"I am pleased that my decision to certify these individuals as suspected international terrorists who pose a threat to our national security has been upheld by the Court of Appeal. The decision to detain any individual under the Anti-Terrorism, Crime and Security Act 2001 (ATCSA) is made on the basis of detailed information, and in each of the 10 appeals ruled upon today has already been subjected to detailed and independent scrutiny by the Special Immigration Appeals Commission (SIAC), a superior court of record chaired by a High Court Judge.
The ATCSA was introduced in response to the public emergency we face, in order that Government can fulfil its primary obligation - to protect national security. I have used its powers sparingly and proportionately in only the most serious circumstances, to prevent foreign nationals who we believe are international terrorists, but are unable to deport, from remaining at large in the UK.
The points of law on which SIAC's determinations have been challenged - namely the level of scrutiny applied by the Commission when considering the appeals against certification, and the scope of derogation from Article 5 of the European Convention of Human Rights, were unanimously rejected by the Court of Appeal.
There has been a great deal of speculation about the cases put before SIAC and whether they relied on material from other countries that may have been obtained using torture. Let me make it clear, we unreservedly condemn the use of torture and have worked hard with our international partners to eradicate this practice.
However, it would be irresponsible not to take appropriate account of any information which could help protect national security and public safety. The Court of Appeal have upheld the position taken by SIAC and I welcome Lord Justice Laws' clarification that there was no evidence in any of the appeals which should have persuaded SIAC that material I relied upon had been obtained by torture or other treatment in violation of Article 3 of the European Convention of Human Rights.
I want to stress that we provided in the Act for appeal rights (including to the Court of Appeal) which have been exercised by the detainees. This demonstrates that it is grossly untrue to suggest that we have removed from these detainees rights to the scrutiny of the judicial process.
Those detained are of course free to leave the UK voluntarily at any time and two have done so.