A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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left the United Kingdom and the certificate had been revoked. It held that
the tests whether reasonable grounds existed for suspicion that a person was
a “terrorist” and for belief that his presence in the United Kingdom was a
risk to national security, within the meaning of section 21 of the 2001 Act,
fell “some way short of proof even on the balance of probabilities”. It
further held that “reasonable grounds could be based on material which
would not be admissible in a normal trial in court, such as hearsay evidence
of an unidentified informant”. The weight that was to be attached to any
particular piece of evidence was a matter for consideration in the light of all
the evidence viewed as a whole. Information which might have been
obtained by torture should not automatically be excluded, but the court
should have regard to any evidence about the manner in which it was
obtained and judge its weight and reliability accordingly.
SIAC held that the detention provisions in the 2001 Act should be
interpreted in the light of the terms of the derogation. The threat to the life
of the nation was not confined to activities within the United Kingdom,
because the nation’s life included its diplomatic, cultural and tourismrelated activities abroad. Moreover, attacks on the United Kingdom’s allies
could also create a risk to the United Kingdom, given the interdependence
of countries facing a global terrorist threat. The derogation identified the
threat as emanating from al-Qaeda and its associates. It was therefore
necessary, in respect of both the “national security” and the “international
terrorist” limbs of section 21 of the 2001 Act, to show reasonable grounds
for suspicion that the person certified was part of a group which was
connected, directly or indirectly, to al-Qaeda. Even if the main focus of the
group in question was a national struggle, if it backed al-Qaeda for a part of
its agenda and the individual nonetheless supported the group, it was a
legitimate inference that he was supporting and assisting al-Qaeda.
SIAC also made a number of findings of fact of general application
concerning organisations alleged by the Secretary of State to be linked to
al-Qaeda. These findings were based on both “open” and “closed” material.
Thus, it held, for example, that the Salafist Group for Call and Combat
(GSPC), which was formed in Algeria in 1998, was an international terrorist
organisation linked to al-Qaeda through training and funding, but that the
earlier Algerian organisation, Armed Islamic Group (GIA), was not. The
Egyptian Islamic Jihad (EIJ) was either part of al-Qaeda or very closely
linked to it. The Chechen Arab Mujahaddin was an international terrorist
group, pursuing an anti-West agenda beyond the struggle for Chechen
independence, with close links to al-Qaeda. SIAC also identified as falling
within the terms of the derogation a group of primarily Algerian extremists
centred around Abu Doha, an Algerian who had lived in the United
Kingdom from about 1999. It was alleged that Abu Doha had held a senior
role in training camps in Afghanistan and had many contacts in al-Qaeda,
including a connection with the Frankfurt cell which had been accused of