22
A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
questioning by officers of the Security Service in July and September 2001.
SIAC continued:
“Reliance is placed on various articles found in his house when he was arrested.
These include a copy of the fatwa issued by Bin Laden. The Appellant says he had
never seen it and could not explain its presence. A GSPC communiqué was, he says,
probably one handed out at the mosque. Analysis of the hard drive of his computer
showed it had visited an Internet site that specialised in United States military
technology. This was not something which could be relevant to the Appellant’s
studies. And a hand-drawn diagram of a missile rocket he has not seen before. It
might, he thinks, have been in a book about Islam he had bought second hand from
the mosque.
We note the denials, but we have to consider all the evidence. As will be clear from
this judgment, we have reason to doubt some of the Appellant’s assertions. But the
closed material confirms our view that there is indeed reasonable suspicion that the
Appellant is an international terrorist within the meaning of section 21 and reasonable
belief that his presence in the United Kingdom is a risk to national security. We have
no doubt that he has been involved in the production of false documentation, has
facilitated young Muslims to travel to Afghanistan to train for jihad and has actively
assisted terrorists who have links with al-Qaeda. We are satisfied too that he has
actively assisted the GSPC. We have no hesitation in dismissing his appeal.”
45. On 22 April 2004, because of concerns about his health, the fifth
applicant was released from prison on bail on strict conditions, which
amounted to house arrest with further controls. In its review judgment of
2 July 2004, SIAC held:
“... in granting bail, [SIAC] did not revise its view as to the strength of the grounds
for believing he was an international terrorist and a threat to national security. The
threat could be managed proportionately in his case in view of his severe mental
illness. That however is no reason to cancel the certificate. There might be
circumstances in which he breaches the terms of his bail or for other reasons it was
necessary to revoke it. The need for the certificate to continue must depend on
whether the terms of the statute and of the derogation continue to be met.
A number of his contacts remain at large including some who are regarded as
actively involved in terrorist planning. There is nothing to suggest that his mental
illness has diminished his commitment to the extremist Islamic cause; he has the
experience and capacity to involve himself once more in extremist activity. The bail
restraints on him are essential; those are imposed pursuant to his certification and the
SIAC dismissal of his appeal against it. The certificate is properly maintained.”
46. On 15 December 2004, SIAC again reviewed the case and decided
that the certificate should be maintained.
6. The sixth applicant
47. The sixth applicant was born in Algeria in 1967 and was resident in
the United Kingdom from 1989. The Secretary of State issued a certificate
against him on 17 December 2001 and he was taken into detention on
19 December 2001.