A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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by an independent and impartial tribunal established by law. Judgment shall be
pronounced publicly but the press and public may be excluded from all or part of the
trial in the interests of morals, public order or national security in a democratic
society, where the interests of juveniles or the protection of the private life of the
parties so require, or to the extent strictly necessary in the opinion of the court in
special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until
proved guilty according to law.”
231. The applicants contended that Article 6 was the lex specialis of the
fair-trial guarantee. The regime under consideration represented the most
serious form of executive measure against terrorist suspects adopted within
the member States of the Council of Europe in the post-2001 period. It was
adopted to enable the United Kingdom to take proceedings against
individuals on the basis of reasonable suspicion alone, deriving from
evidence which could not be deployed in the ordinary courts. That alone
warranted an analysis under Article 6. The proceedings were for the
determination of a criminal charge, within the autonomous meaning adopted
under Article 6 § 1, and also for the determination of civil rights and
obligations. The use of closed material gave rise to a breach of Article 6.
232. In the Government’s submission, Article 5 § 4 was the lex specialis
concerning detention and the issues should be considered under that
provision. In any event, Article 6 did not apply, because SIAC’s decision on
the question whether there should be detention related to “special measures
of immigration control” and thus determined neither a criminal charge nor
any civil right or obligation. Even if Article 6 § 1 did apply, there was no
violation, for the reasons set out above in respect of Article 5 § 4.
233. Without coming to any conclusion as to whether the proceedings
before SIAC fell within the scope of Article 6, the Court declares these
complaints admissible. It observes, however, that it has examined the issues
relating to the use of special advocates, closed hearings and lack of full
disclosure in the proceedings before SIAC above, in connection with the
applicants’ complaints under Article 5 § 4. In the light of this full
examination, it does not consider it necessary to examine the complaints
under Article 6 § 1.
VIII. APPLICATION OF ARTICLE 41 OF THE CONVENTION
234. The applicants sought compensation for the pecuniary and nonpecuniary damage sustained as a result of the violations, together with costs
and expenses, under Article 41 of the Convention, which provides:
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