A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
91
found, as well as any special circumstances pertaining to the context of the
case.
251. The Court reiterates that in the McCann and Others judgment (cited
above, § 219), it declined to make any award in respect of pecuniary or nonpecuniary damage arising from the violation of Article 2 of the Convention,
having regard to the fact that the three terrorist suspects who were killed had
been intending to plant a bomb in Gibraltar. It considers that the present
case is distinguishable, since it has not been established that any of the
applicants has engaged, or attempted to engage, in any act of terrorist
violence.
252. The decision whether to award monetary compensation in this case
and, if so, the amount of any such award, must take into account a number
of factors. The applicants were detained for long periods, in breach of
Article 5 § 1, and the Court has, in the past, awarded large sums in just
satisfaction in respect of unlawful detention (see, for example, Assanidze v.
Georgia [GC], no. 71503/01, ECHR 2004-II, or the cases cited by the
applicants in paragraph 235 above). The present case is, however, very
different. In the aftermath of the al-Qaeda attacks on the United States of
America of 11 September 2001, in a situation which the domestic courts and
this Court have accepted was a public emergency threatening the life of the
nation, the Government were under an obligation to protect the population
of the United Kingdom from terrorist violence. The detention scheme in
Part 4 of the 2001 Act was devised in good faith, as an attempt to reconcile
the need to prevent the commission of acts of terrorism with the obligation
under Article 3 of the Convention not to remove or deport any person to a
country where he could face a real risk of ill-treatment (see paragraph 166
above). Although the Court, like the House of Lords, has found that the
derogating measures were disproportionate, the core part of that finding was
that the legislation was discriminatory in targeting non-nationals only.
Moreover, following the House of Lords’ judgment, the detention scheme
under the 2001 Act was replaced by a system of control orders under the
Prevention of Terrorism Act 2005. All the applicants in respect of whom the
Court has found a violation of Article 5 § 1 became, immediately upon
release in March 2005, the subject of control orders. It cannot therefore be
assumed that, even if the violations in the present case had not occurred, the
applicants would not have been subjected to some restriction on their
liberty.
253. Against this background, the Court finds that the circumstances
justify the making of an award substantially lower than that which it has had
occasion to make in other cases of unlawful detention. It awards 3,900 euros
(EUR) to the first, third and sixth applicants; EUR 3,400 to the fifth and
ninth applicants; EUR 3,800 to the seventh applicant; EUR 2,800 to the
eighth applicant; EUR 2,500 to the tenth applicant; and EUR 1,700 to the
eleventh applicant, together with any tax that may be chargeable.
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