A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
85
221. The Court must, therefore, assess the certification proceedings in
respect of each of the detained applicants in the light of these criteria.
222. It notes that the open material against the sixth, seventh, eighth,
ninth and eleventh applicants included detailed allegations about, for
example, the purchase of specific telecommunications equipment,
possession of specific documents linked to named terrorist suspects and
meetings with named terrorist suspects with specific dates and places. It
considers that these allegations were sufficiently detailed to permit the
applicants effectively to challenge them. It does not, therefore, find a
violation of Article 5 § 4 in respect of the sixth, seventh, eighth, ninth and
eleventh applicants.
223. The principal allegations against the first and tenth applicants were
that they had been involved in fund-raising for terrorist groups linked to
al-Qaeda. In the first applicant’s case there was open evidence of large sums
of money moving through his bank account and in respect of the tenth
applicant there was open evidence that he had been involved in raising
money through fraud. However, in each case the evidence which allegedly
provided the link between the money raised and terrorism was not disclosed
to either applicant. In these circumstances, the Court does not consider that
these applicants were in a position effectively to challenge the allegations
against them. There has therefore been a violation of Article 5 § 4 in respect
of the first and tenth applicants.
224. The open allegations in respect of the third and fifth applicants
were of a general nature, principally that they were members of named
extremist Islamist groups linked to al-Qaeda. SIAC observed in its
judgments dismissing each of these applicants’ appeals that the open
evidence was insubstantial and that the evidence on which it relied against
them was largely to be found in the closed material. Again, the Court does
not consider that these applicants were in a position effectively to challenge
the allegations against them. There has therefore been a violation of
Article 5 § 4 in respect of the third and fifth applicants.
V. ALLEGED VIOLATION OF ARTICLE 5 § 1 OF THE CONVENTION
TAKEN IN CONJUNCTION WITH ARTICLE 13
225. The applicants argued in the alternative that the matters complained
of in relation to Article 5 § 4 also gave rise to a violation of Article 13. In
the light of its findings above, the Court does not consider it necessary to
examine these complaints separately.
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