A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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“The matters referred to ... are not an exhaustive list, merely the most obvious
examples of the way in which [the eleventh applicant’s] written statement fails to deal
with the open case made against him. Given the unsatisfactory nature of the statement
we do not feel able to give any significant weight to the general denials contained
within it ... We have dealt with these matters in some detail because they are useful
illustrations of the extent to which [the eleventh applicant] would have been able to
answer the case against him, if he had chosen to do so. While we do not draw any
adverse inference from [his] failure to give evidence, or otherwise participate in the
hearing of his appeal, we do have to determine his appeal on the evidence and we are
left with the position that there has been no effective challenge by way of evidence,
cross-examination or submission to the open material produced by the Respondent.
...
The standard of proof prescribed by section 25(2) of the 2001 Act is relatively low:
are there reasonable grounds for belief or suspicion. As explained above, we are
satisfied that this low threshold is easily crossed on the basis of the open material
alone. If the totality of the material, both open and closed, is considered, we have no
doubt that [the eleventh applicant] was a senior, and active, member of the Abu Doha
group as described in the Respondent’s evidence.”
E. The conditions of detention and the effect of detention on the
applicants’ health
70. The detained applicants were all initially detained at Belmarsh
Prison in London. The sixth applicant was transferred to Woodhill Prison
and the first, seventh and tenth applicants were transferred to Broadmoor
Secure Mental Hospital.
71. They were held in prison under the same regime as other standardrisk Category A prisoners, which was considered the appropriate security
classification on the basis of the risk they posed. They were allowed
visitors, once those visitors had been security-cleared, and could associate
with other prisoners, make telephone calls and write and receive letters.
They had access to an imam and to their legal representatives. They had the
same level of access to health care, exercise, education and work as any
other prisoner of their security ranking.
Following a recommendation of the inspector appointed under the
2001 Act to review the detention regime, the Government created a Special
Unit at Woodhill Prison to house the 2001 Act detainees. The Unit, which
was refurbished in consultation with the detained applicants and their
representatives and had a specially selected and trained staff, would have
allowed for a more relaxed regime, including more out-of-cell time. The
applicants, however, chose not to move to the Unit, a decision which the
inspector found regrettable.
72. The first applicant, who alleged a history of ill-treatment in Israeli
detention and who had first been treated for depression in May 1999,
suffered a severe deterioration in his mental health while detained in