A v Secretary of State for the Home Department

It held that the indefinite detention of foreign prisoners in Belmarsh without trial under section 23 of the Anti-terrorism, Crime and Security Act 2001 was incompatible with the European Convention on Human Rights.The case began with nine men who challenged a decision of the Special Immigration Appeals Commission to eject them from the country on the basis that there was evidence that they threatened national security.As a consequence, the House of Lords made a declaration of incompatibility under section 4 of the Human Rights Act 1998, and allowed the appeals.Whereas the majority argued that the 2001 Act was contrary to the ECHR because it discriminated between nationals and foreign nationals (Art.14 ECHR), Lord Hoffmann stated that the whole scheme was incompatible with the United Kingdom's constitution, and its commitment to human rights.While the indefinite detention provisions were a "grave concern", they were "necessary" and accompanied by "several important safeguards against oppression".
Indefinite detentionUK human rightsHouse of LordsBelmarshAnti-terrorism, Crime and Security Act 2001incompatibleEuropean Convention on Human RightsA v Secretary of State for the Home Department (No 2)Special Immigration Appeals CommissionLord Bingham of CornhillLord Nicholls of BirkenheadLord Hope of CraigheadLord Scott of FoscoteLord Rodger of EarlsferryBaroness Hale of RichmondLord CarswellHuman Rights Act 1998Lord HoffmannHitlerAl-QaedaLord Walker of GestingthorpePrevention of Terrorism Act 2005control orderEuropean Court of Human Rightsapplicants