86
A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
VI. ALLEGED VIOLATION
CONVENTION
OF
ARTICLE
5
§
5
OF
THE
226. Finally, the applicants complained that, despite having been
unlawfully detained in breach of Article 5 §§ 1 and 4, they had no
enforceable right to compensation, in breach of Article 5 § 5, which
provides:
“Everyone who has been the victim of arrest or detention in contravention of the
provisions of this Article shall have an enforceable right to compensation.”
227. The Government reasoned that there had been no breach of
Article 5 in this case, so Article 5 § 5 did not apply. In the event that the
Court did find a violation of Article 5, Article 5 § 5 required “an
enforceable right to compensation”, but not that compensation be awarded
in every case. Since the Secretary of State was found by the national courts
reasonably to suspect that the applicants were “international terrorists”, as a
matter of principle they were not entitled to compensation from the national
courts.
A. Admissibility
228. The Court notes that it has found a violation of Article 5 § 1 in
respect of all the applicants except the second and fourth applicants, and
that it has found a violation of Article 5 § 4 in respect of the first, third, fifth
and tenth applicants. It follows that the second and fourth applicants’
complaints under Article 5 § 5 are inadmissible, but that the other
applicants’ complaints are admissible.
B. The merits
229. The Court notes that the above violations could not give rise to an
enforceable claim for compensation by the applicants before the national
courts. It follows that there has been a violation of Article 5 § 5 in respect of
all the applicants, save the second and fourth applicants (see Brogan and
Others v. the United Kingdom, 29 November 1988, § 67, Series A
no. 145-B, and Fox, Campbell and Hartley, cited above, § 46).
VII. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
230. The applicants argued in the alternative that the procedure before
SIAC was not compatible with Article 6 §§ 1 and 2 of the Convention,
which provide:
“1. In the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a reasonable time
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