20
A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
19 December 2001. On 13 March 2002 he left for France, where he was
interviewed on arrival by security officials and then set at liberty. Since he
had left the United Kingdom, the certificate against him was revoked and
the revocation was backdated to 22 March 2002.
42. In its judgment of 29 October 2003, SIAC held that the backdating
of the revocation meant that the fourth applicant could not be regarded as
having been certified at the time he lodged his appeal and that, therefore, he
had no right of appeal. It nonetheless decided to consider the appeal on the
basis that this conclusion might be wrong. Since the Secretary of State could
not reasonably have known at the time the certificate was issued that the
applicant was a French citizen and could safely be removed to France, it
could not be said on that ground that the certificate should not have been
issued. SIAC therefore continued by assessing the evidence against him:
“In reaching our decision, we will have to consider not only the open but also the
closed material. The Appellant appears to have suspected that he was the subject of
surveillance over much of the relevant period.
We are conscious of the need to be very careful not to assume guilt from
association. There must be more than friendship or consorting with those who are
believed to be involved in international terrorism to justify a reasonable suspicion that
the Appellant is himself involved in those activities or is at least knowingly
supporting or assisting them. We bear in mind [his solicitor’s] concerns that what has
happened here is an attempt to resurrect the prosecution with nothing to add from his
activities since. Detention must be regarded as a last resort and so cannot be justified
on the basis of association alone and in any event the guilt of the associates has never
been established. ...
Nonetheless, continued association with those who are suspected of being involved
in international terrorism with links to al-Qaeda in the light of the reasonable
suspicion that the Appellant was himself actively involved in terrorist activities for the
GIA is a matter which can properly be taken into account. The GSPC, which broke
away from the GIA, has links to al-Qaeda and the Appellant has continued to
associate with those who took to the GSPC rather than the GIA. We are in fact
satisfied that not only was the Appellant actively involved initially with the GIA and
then with the GSPC but also that he provided false documentation for their members
and for the Mujahaddin in Chechnya as is alleged in the open statement. But we
accept that his activities in 2000 and 2001 justify the use of the expression that he had
been maintaining a low profile, and we make that observation having regard to both
open and closed material. Nonetheless, a low profile does not mean that he is not
properly to be regarded as an international terrorist within the meaning of section 21.
An assessment has to be made of what he may do in the light of what he has done and
the fact that he has shown willingness and the ability to give assistance and support in
the past and continues the associations and to provide some help (e.g. the use of his
van) is highly relevant.
We have not found this aspect of the Appellant’s case at all easy. We have given full
weight to all [his solicitor’s] submissions which were so persuasively put before us
but in the end have reached the view that, looking at the evidence as a whole, the
decision to issue a certificate was not wrong. Accordingly, we would not have
allowed the appeal on the facts.”