Date:17/12/2004 URL: http://www.thehindu.com/2004/12/17/stories/2004121700441500.htm

International

U.K. law on detention of terror suspects struck down

LONDON, DEC. 16. Britain's highest court ruled on Thursday that the Government cannot detain terror suspects indefinitely without trial.

Nine judges in the House of Lords ruled in favour of a group of men jailed without charge for up to three years whose lawyers say their detention is incompatible with their human rights.

The British Government had argued that the detention without trial of some terrorist suspects is a tough but necessary measure to protect society.

The nine law lords — members of the House of Lords who constitute Britain's highest court of appeal — voted 8-1 against the measures brought in after the attacks of Sept. 11, 2001, under which foreign terrorist suspects may be detained indefinitely without charge or trial if they cannot safely be removed to another country

Lord Bingham of Cornhill presented the majority opinion.

``The measures unjustifiably discriminate against foreign nationals on the grounds of their nationality or immigration status and are not strictly required since they provide for the detention of some but not all of those who present the same risk,'' he said.

Lord Bingham said he would quash the opt-out order and declare section 23 of 2001 Anti-Terrorism Act incompatible with the European Convention. — AP