A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
83
national security and in suspecting him of being a terrorist. This is a
separate and distinct question, which cannot be said to be absorbed in the
finding of a violation of Article 5 § 1, and which the Court must therefore
examine.
215. The Court reiterates that although the judges sitting as SIAC were
able to consider both the “open” and “closed” material, neither the
applicants nor their legal advisers could see the closed material. Instead, the
closed material was disclosed to one or more special advocates, appointed
by the solicitor-general to act on behalf of each applicant. During the closed
sessions before SIAC, the special advocate could make submissions on
behalf of the applicant, both as regards procedural matters, such as the need
for further disclosure, and as to the substance of the case. However, from
the point at which the special advocate first had sight of the closed material,
he was not permitted to have any further contact with the applicant and his
representatives, save with the permission of SIAC. In respect of each appeal
against certification, SIAC issued both an open and a closed judgment.
216. The Court takes as its starting point that, as the national courts
found and it has accepted, during the period of the applicants’ detention the
activities and aims of the al-Qaeda network had given rise to a “public
emergency threatening the life of the nation”. It must therefore be borne in
mind that at the relevant time there was considered to be an urgent need to
protect the population of the United Kingdom from terrorist attack and,
although the United Kingdom did not derogate from Article 5 § 4, a strong
public interest in obtaining information about al-Qaeda and its associates
and in maintaining the secrecy of the sources of such information (see also,
in this connection, Fox, Campbell and Hartley, cited above, § 39).
217. Balanced against these important public interests, however, was the
applicants’ right under Article 5 § 4 to procedural fairness. Although the
Court has found that, with the exception of the second and fourth applicants,
the applicants’ detention did not fall within any of the categories listed in
sub-paragraphs (a) to (f) of Article 5 § 1, it considers that the case-law
relating to judicial control over detention on remand is relevant, since in
such cases also the reasonableness of the suspicion against the detained
person is a sine qua non (see paragraph 204 above). Moreover, in the
circumstances of the present case, and in view of the dramatic impact of the
lengthy – and what appeared at that time to be indefinite – deprivation of
liberty on the applicants’ fundamental rights, Article 5 § 4 must import
substantially the same fair-trial guarantees as Article 6 § 1 in its criminal
aspect (see Garcia Alva v. Germany, no. 23541/94, § 39, 13 February 2001,
and Chahal, cited above, §§ 130-31).
218. Against this background, it was essential that as much information
about the allegations and evidence against each applicant was disclosed as
was possible without compromising national security or the safety of others.
Where full disclosure was not possible, Article 5 § 4 required that the
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