A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
81
trial, the rights of the defence would be restricted to an extent incompatible
with the guarantees provided by Article 6.
208. Similarly, in Doorson (cited above, §§ 68-76), the Court found that
there was no breach of Article 6 where the identity of certain witnesses was
concealed from the defendant, on the ground that they feared reprisals. The
fact that the defence counsel, in the absence of the defendant, was able to
put questions to the anonymous witnesses at the appeal stage and to attempt
to cast doubt on their reliability and that the Court of Appeal stated in its
judgment that it had treated the evidence of the anonymous witnesses with
caution was sufficient to counterbalance the disadvantage caused to the
defence. The Court emphasised that a conviction should not be based either
solely or to a decisive extent on anonymous statements (see also Van
Mechelen and Others, cited above, § 55). In each case, the Court
emphasised that its role was to ascertain whether the proceedings as a
whole, including the way in which evidence was taken, were fair (see
Doorson, cited above, § 67).
209. The Court has referred on several occasions to the possibility of
using special advocates to counterbalance procedural unfairness caused by
lack of full disclosure in national security cases, but it has never been
required to decide whether or not such a procedure would be compatible
with either Article 5 § 4 or Article 6 of the Convention.
210. In Chahal (cited above), the applicant was detained under Article 5
§ 1 (f) pending deportation on national security grounds and the Secretary of
State opposed his applications for bail and habeas corpus, also for reasons
of national security. The Court recognised (ibid., §§ 130-31) that the use of
confidential material might be unavoidable where national security was at
stake but held that this did not mean that the executive could be free from
effective control by the domestic courts whenever they chose to assert that
national security and terrorism were involved. The Court found a violation
of Article 5 § 4 in the light of the fact that the High Court, which
determined the habeas corpus application, did not have access to the full
material on which the Secretary of State had based his decision. Although
there was the safeguard of an advisory panel, chaired by a Court of Appeal
judge, which had full sight of the national security evidence, the Court held
that the panel could not be considered as a “court” within the meaning of
Article 5 § 4 because the applicant was not entitled to legal representation
before it and was given only an outline of the national security case against
him and because the panel had no power of decision and its advice to the
Home Secretary was not binding and was not disclosed. The Court made
reference (ibid., §§ 131 and 144) to the submissions of the third parties
(Amnesty International, Liberty, the Centre for Advice on Individual Rights
in Europe and the Joint Council for the Welfare of Immigrants; and see the
submissions of Justice in the present case, paragraph 198 above) in
connection with a procedure applied in national security deportation cases in
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