82 A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT Canada, whereby the judge held an in camera hearing of all the evidence, at which the proposed deportee was provided with a statement summarising, as far as possible, the case against him and had the right to be represented and to call evidence. The confidentiality of the security material was maintained by requiring such evidence to be examined in the absence of both the deportee and his representative. However, in these circumstances, their place was taken by security-cleared counsel instructed by the court, who cross-examined the witnesses and generally assisted the court to test the strength of the State’s case. A summary of the evidence obtained by this procedure, with necessary deletions, was given to the deportee. The Court commented that it: “... attaches significance to the fact that, as the interveners pointed out in connection with Article 13, ... in Canada a more effective form of judicial control has been developed in cases of this type. This example illustrates that there are techniques which can be employed which both accommodate legitimate security concerns about the nature and sources of intelligence information and yet accord the individual a substantial measure of procedural justice.” 211. In Tinnelly & Sons Ltd and Others and McElduff and Others v. the United Kingdom (10 July 1998, § 78, Reports 1998-IV) and in Al-Nashif v. Bulgaria (no. 50963/99, §§ 93-97 and 137, 20 June 2002), the Court made reference to its comments in Chahal about the special-advocate procedure but without expressing any opinion as to whether such a procedure would be in conformity with the Convention rights at issue. (b) Application to the facts of the present case 212. Before the domestic courts, there were two aspects to the applicants’ challenge to the lawfulness of their detention. Firstly, they brought proceedings under section 30 of the 2001 Act to contest the validity of the derogation under Article 15 of the Convention and thus the compatibility with the Convention of the entire detention scheme. Secondly, each applicant also brought an appeal under section 25 of the 2001 Act, contending that the detention was unlawful under domestic law because there were no reasonable grounds for a belief that his presence in the United Kingdom was a risk to national security or for a suspicion that he was a terrorist. 213. The Court does not consider it necessary to reach a separate finding under Article 5 § 4 in connection with the applicants’ complaints that the House of Lords was unable to make a binding order for their release, since it has already found a violation of Article 5 § 1 arising from the provisions of domestic law. 214. The applicants’ second ground of complaint under Article 5 § 4 concerns the fairness of the procedure before SIAC under section 25 of the 2001 Act to determine whether the Secretary of State was reasonable in believing each applicant’s presence in the United Kingdom to be a risk to

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