A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
35
and a Home Office-approved doctor or see any visitor except with prior
Home Office approval.
G. Events following the House of Lords’ judgment of 16 December
2004
82. The declaration of incompatibility made by the House of Lords on
16 December 2004, in common with all such declarations, was not binding
on the parties to the litigation (see paragraph 94 below). The applicants
remained in detention, except for the second and fourth applicants who had
elected to leave the United Kingdom and the fifth applicant who had been
released on bail on conditions amounting to house arrest. Moreover, none of
the applicants was entitled, under domestic law, to compensation in respect
of their detention. The applicants, therefore, lodged their application to the
Court on 21 January 2005.
83. At the end of January 2005, the Government announced their
intention to repeal Part 4 of the 2001 Act and replace it with a regime of
control orders, which would impose various restrictions on individuals,
regardless of nationality, reasonably suspected of being involved in
terrorism.
84. Those applicants who remained in detention were released on
10-11 March 2005 and immediately made subject to control orders under
the Prevention of Terrorism Act 2005, which came into effect on 11 March
2005.
85. The Government withdrew the derogation notice on 16 March 2005.
86. On 11 August 2005, following negotiations commenced towards the
end of 2003 to seek from the Algerian and Jordanian governments
assurances that the applicants would not be ill-treated if returned, the
Government served notices of intention to deport on the fifth, sixth, seventh,
eighth, ninth, tenth and eleventh applicants. These applicants were taken
into immigration custody pending removal to Algeria (the fifth, sixth,
seventh, ninth, tenth and eleventh applicants) and Jordan (the eighth
applicant). On 9 April 2008 the Court of Appeal ruled that the eighth
applicant could not lawfully be extradited to Jordan, because it was likely
that evidence which had been obtained by torture could be used against him
there at trial, in flagrant violation of his right to a fair trial. At the date of
adoption of the present judgment, the case was pending before the House of
Lords.