Welcome back to the "Decoding Judgements" series at CaseSnappy! Our mission is to simplify complex English law cases using CaseSnappy's structured summaries. In this instalment, we delve into the landmark human rights case of A v Secretary of State for the Home Department  UKHL 56, also known as the Belmarsh case, which addressed the critical balance between national security and individual liberties.
Terrorism and Detention: Facts of the Case
The Belmarsh case revolves around nine appellants who were foreign nationals accused of terrorist activities in their home countries. Due to the risk of torture or inhumane treatment if deported, the United Kingdom enacted the Anti-terrorism, Crime and Security Act 2001 (ATCSA) to address their situation. Under Part 4 of the ATCSA, the appellants were named as suspected international terrorists and detained without trial, leading to their appeal of these detentions.
Liberty vs Security: Issues in the Case
The central issue before the court was whether the detention of the appellants under the ATCSA was compatible with their rights under the European Convention on Human Rights (ECHR), specifically Articles 5 (right to liberty and security) and 14 (prohibition of discrimination). The Secretary of State argued that the legislation was a justified and proportionate response to the public emergency threatening the life of UK citizens.
A Victory for Human Rights: The Decision
The UK House of Lords ruled that the detention of the appellants without trial under the ATCSA was incompatible with their human rights under the ECHR. The court found that the legislation was discriminatory because it only applied to foreign nationals and not British citizens suspected of terrorist acts, contrary to Article 14. Additionally, the detention powers were disproportionate and failed the test for legitimate derogations under Article 15 of the ECHR.
In a key passage, Lord Bingham states, "The more purely political (in a broad or narrow sense) a question is, the more appropriate it will be for political resolution and the less likely it is to be an appropriate matter for judicial decision." Lord Nicholls adds, "The duty of the court is to check that legislation and ministerial decisions do not overlook the human rights of persons adversely affected."
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