30
A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
avoid being followed. When he was arrested in September 2002 he was
found in possession of a false Belgian passport bearing the photograph of a
senior member of the Abu Doha group. He was alleged to have been heavily
involved in the supply of false documents and the fraudulent use of cheque
books and credit cards.
68. The applicant filed a written statement in which he denied being an
international terrorist. He admitted that he had travelled to Afghanistan in
1999 and that he had attempted to go to Chechnya in 2001, but claimed that
his interest in these countries was no more than that shown by many devout
Muslims. He refused to participate in the hearing of his appeal or to be
represented by a lawyer, in protest at the fundamental unfairness of the
procedure. In view of the applicant’s position, the special advocates decided
that his interests would best be served if they refrained from making
submissions on his behalf or asking questions of the witnesses in the closed
session.
69. In dismissing the applicant’s appeal, SIAC held as follows:
“We recognise the difficulties faced by an Appellant who only sees only the open
material and can understand [the eleventh applicant’s] perception that the procedures
are unfair. However, each case will turn upon its own individual facts, and it would be
wrong to give the impression, which [his solicitor] sought to do, that this particular
Appellant had been placed in a position where he was prevented by reason of the
procedures under the Act from mounting an effective defence in response to the case
made against him.
We have summarised the information made available to [the eleventh applicant] at
the various stages of the procedure ... and [his] response to this information in his
written statement. While some of the assessments in the open material can fairly be
described as general assertions unsupported by any documentary evidence, in
response to which [the eleventh applicant] would not have been able to give any more
than an equally general denial, it is clear that in respect of other assessments [he] was
provided with a great deal of detailed information: names, dates, places and
supporting documents.
[The eleventh applicant] is in the best position to give an account of his whereabouts
and activities since he first claimed asylum in 1998. His written statement is
significant not so much for what it says, as for what it does not say. To take one
example: the visit to St Albans and the photo-booth where [the eleventh applicant]
says that the Respondent’s specific assertion is ‘completely wrong’ ... [The eleventh
applicant] has not denied that he went to St Albans. He knows who accompanied him
and why they went there. He has not explained why they went there, nor has he
identified his companion, despite having been provided with the photographs taken
during the surveillance operation. ...”
SIAC continued by noting the inconsistencies in the applicant’s various
accounts of his trips to Afghanistan, Georgia and Dubai and his failure to
deal with the Secretary of State’s allegations that he had associated with
various members of the Abu Doha group, identified by name. SIAC
continued: