A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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54. The eighth applicant was convicted in absentia in Jordan for his
involvement in terrorist attacks there and in relation to a plot to plant bombs
to coincide with the millennium. He was investigated in February 2001 by
anti-terrorism police officers in connection with a plot to cause explosions
at the Strasbourg Christmas Market in December 2000, but no charges were
brought against him. When the 2001 Act was passed he went into hiding.
He was arrested on 23 October 2002 and was immediately made the subject
of a section 21 certificate and taken into detention. On the same date, a
deportation order was made against him.
55. In its judgment of 8 March 2004, dismissing the eighth applicant’s
appeal against certification, SIAC observed as follows:
“[The eighth applicant’s counsel], on instructions from the Appellant, informed us
that his client had chosen not to attend the hearing or to participate in any way. He had
read the decisions relating to the Appellants who had been certified when the 2001
Act came into force and the generic judgment and so felt certain that the result of his
appeal was a foregone conclusion. There had been many references to his role in the
other appeals and some had been certified and detained, at least in part, on the basis
that they associated with him. Since that association was regarded as sufficient to
justify their continued detention, he considered that the decision on his appeal had, in
effect, already been taken. He had chosen not to play any part precisely because he
has no faith in the ability of the system to get at the truth. He considered that the SIAC
procedure had deliberately been established to avoid open and public scrutiny of the
respondent’s case, which deprived individuals of a fair opportunity to challenge the
case against them.
Having said that, [the eighth applicant’s counsel] made it clear that the appeal was
not being withdrawn. It was accordingly necessary for us to consider it and to take
into account the statement made by the Appellant. [His counsel] emphasised a number
of matters which, he suggested, should be regarded as favourable to the Appellant’s
contention that he was not and never had been involved in terrorism within the
meaning of the 2001 Act. Furthermore, the allegations showed that a distorted and
over-simplified view was being taken by the security services of the Appellant’s
activities and his role as a respected teacher and believer in the rights of Islamic
communication throughout the world.
We should make it clear that we have considered the case against the Appellant on
its merits. We have not been influenced by any findings made in other appeals or the
generic judgments. One of the reasons why this judgment has taken a long time to be
prepared was the need for us to read through and consider the evidence, both open and
closed, that has been put before us. There is much more of it than in most of the other
appeals. That is a reflection of the fact that the Appellant has been associated with and
had dealings with many of the others who have been certified and with individuals
and groups themselves linked to al-Qaeda. We see no reason to dissent from the views
expressed in the generic judgment of the significance of the various individuals and
groups referred to in it. But that does not mean we have therefore automatically
accepted its views. We draw attention to the fact that the panel which produced the
generic judgment was not the same constitution as this panel and that such input as
there was by the chairman of this panel to the generic judgment was limited to issues
of law. We have considered the case against the Appellant on the material put before
us in this appeal. ...