A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
47
breach of Article 14 ECHR [of the Convention]. Along with Lord Newton, we find it
extraordinary that the discussion paper asserts that seeking the same power to detain
British citizens would be ‘a very grave step’ and that ‘such draconian powers would
be difficult to justify’.
44. The interests at stake for a foreign national and a UK national are the same:
their fundamental right to liberty under Article 5 ECHR [of the Convention] and
related procedural rights. Article 1 of the ECHR [the Convention] requires States to
secure the Convention rights to everyone within their jurisdiction. Article 14 requires
the enjoyment of Convention rights to be secured without discrimination on the
ground of nationality. The Government’s explanation in its discussion paper of its
reluctance to seek the same powers in relation to UK nationals appears to suggest that
it regards the liberty interests of foreign nationals as less worthy of protection than
exactly the same interests of UK nationals, which is impermissible under the
Convention.”
C. The European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT)
101. The CPT visited the detained applicants in February 2002 and again
in March 2004. In its report published on 9 June 2005, the CPT was critical
of the conditions in which the applicants were held in Belmarsh Prison and
Broadmoor Secure Mental Hospital and reported allegations of ill-treatment
by staff. It found the regime in Woodhill Prison to be more relaxed. The
CPT found that the health of the majority of the detained applicants had
declined as a result of their detention, in particular its indefinite character.
The CPT stated in its report:
“In fact, the information gathered during the 2004 visit reveals that the authorities
are at a loss at how to manage this type of detained person, imprisoned with no real
prospect of release and without the necessary support to counter the damaging effects
of this unique form of detention. They also highlight the limited capacity of the prison
system to respond to a task that is difficult to reconcile with its normal
responsibilities. The stated objective, in the response to the CPT’s report on the
February 2002 visit, of formulating a strategy to enable the Prison Service to manage
most appropriately the care and detention of persons held under the 2001 Act, has not
been achieved.
Two years after the CPT visited these detained persons, many of them were in a
poor mental state as a result of their detention, and some were also in poor physical
condition. Detention had caused mental disorders in the majority of persons detained
under the [2001 Act] and for those who had been subjected to traumatic experiences
or even torture in the past, it had clearly reawakened the experience and even led to
the serious recurrence of former disorders. The trauma of detention had become even
more detrimental to their health since it was combined with an absence of control
resulting from the indefinite character of their detention, the uphill difficulty of
challenging their detention and the fact of not knowing what evidence was being used
against them to certify and/or uphold their certification as persons suspected of
international terrorism. For some of them, their situation at the time of the visit could
be considered as amounting to inhuman and degrading treatment.”
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