A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
49
be sufficient to justify derogating from the Convention. Several European States long
faced with recurring terrorist activity have not considered it necessary to derogate
from Convention rights. Nor have any found it necessary to do so under the present
circumstances. Detailed information pointing to a real and imminent danger to public
safety in the United Kingdom will, therefore, have to be shown.”
The Commissioner continued, with reference to the detention scheme
under Part 4 of the 2001 Act:
“In so far as these measures are applicable only to non-deportable foreigners, they
might appear, moreover, to be ushering in a two-track justice, whereby different
human rights standards apply to foreigners and nationals.”
104. On 8 June 2005 the Commissioner published a report arising out of
his visit to the United Kingdom in November 2004. He specifically referred
to the House of Lords’ decision in the applicants’ case and noted the fact
that the Government had not sought to renew the relevant provisions of the
2001 Act in March 2005. He welcomed the decision of the House of Lords,
which corresponded with his own previously published opinion, and also
welcomed the release of the applicants, emphasising that as a result of his
visit he was in a position personally to testify to “the extremely agitated
psychological state of many of them”. As a result of interviews which he
had conducted with, among others, the Home Secretary, the Lord
Chancellor, the Attorney-General, the Lord Chief Justice and the Director of
Public Prosecutions, the Commissioner also expressed a conclusion about
the availability under the law of the United Kingdom of alternative
measures to combat the threat of terrorism:
“Terrorist activity not only must but can be combated within the existing framework
of human rights guarantees, which provide precisely for a balancing, in questions
concerning national security, of individual rights and the public interest and allow for
the use of proportionate special powers. What is required is well-resourced policing,
international cooperation and the forceful application of the law. It is to be noted, in
this context, that in the Terrorist Act 2000, the United Kingdom already has amongst
the toughest and most comprehensive anti-terror legislation in Europe.”
E. The United Nations Committee on the Elimination of All Forms of
Racial Discrimination
105. The Committee’s Concluding Observations on the United
Kingdom, dated 10 December 2003, stated at paragraph 17:
“17. The Committee is deeply concerned about provisions of the Anti-terrorism,
Crime and Security Act which provide for the indefinite detention without charge or
trial, pending deportation, of non-nationals of the United Kingdom who are suspected
of terrorism-related activities.
While acknowledging the State Party’s national security concerns, the Committee
recommends that the State Party seek to balance those concerns with the protection of
human rights and its international legal obligations. In this regard, the Committee
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