Daily archives: June 28, 2006


Executive house arrest ruled unlawful: Another piece of government legislation proves not-fit-for-purpose

Judge quashes anti-terror orders

From BBC Online

A key plank of the government’s anti-terrorism laws has been dealt a blow by the High Court. A senior judge said control orders made against six men break European human rights laws. Ministers say they will appeal against the ruling.

The orders are imposed on people suspected of terrorism but where there is not enough evidence to go to court. They mean suspects can be tagged, confined to their homes, and banned from communicating with others.

Home secretary

In his ruling, Mr Justice Sullivan said control orders were incompatible with Article 5 of the European Convention on Human Rights, which outlaws indefinite detention without trial.

The home secretary had no power to make the orders and they must therefore all be quashed, he said.

Under the control orders restrictions, the suspects have to stay indoors for 18 hours a day, between 4pm and 10am and are not allowed to use mobile phones or the internet. And there are limits on who they can meet.

The judge said the restrictions were “the antithesis of liberty and equivalent to imprisonment”.

“Their liberty to live a normal life within their residences is so curtailed as to be non-existent for all practical purposes,” he said.

(more…)

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