Bring these men to trial — or revoke their control orders, from today’s Guardian
Afua Hirsch (the Guardian’s legal correspondent) on the recent change of mind regarding a British-Libyan man who had been under a banning order based on evidence he was not allowed to see as it would have compromised an informant. The Law Lords ruled in June that the man’s (and two others’) human rights had been breached because the gist of the evidence against them had not been revealed to them; the government has decided that releasing him from the order is preferable to revealing the information. Alan Travis, the paper’s home affairs editor, suggests that all of the other orders are likely to be revoked.
Clearly, it is contrary to the rule of law for people to be subjected to any kind of punishment, which is what a control order is, even if it is not formally presented as one, without being charged with or convicted of any offence. This is something that goes on either in countries which are at war, which Britain is not, or under dictatorship or some form of pseudo-democracy. Significantly in the case of Cerie Bullivant, no further evidence has been offered against him since his control order was lifted; it was claimed that he intended to go abroad and fight. All this came after they had driven him near to a mental breakdown and wrecked his marriage.
Possibly Related Posts:
- Terrorism and privacy
- Henry Porter: from war to police state
- I’m a photographer, not a terrorist (or a ‘nonce’)
- Gary McKinnon and the Daily Mail crusade
- Rising anger at police thuggery
Unusually, this is a post you will see me agreeing with you in the most part.
I do think however there needs to be an exception to ECHR to allow the courts to expel a non-British born person; who the CPS can demonstrate is a possible threat to Britain, it’s allies or it’s interests. At that point the “expelled” person would be held in custody until such time that the person nominates a destination they wish to be deported to. (the place would have to be willing to take them)
Late me make it clear (least there be a confusion) if a person was born to British parents they are British and this would not apply to them. It would however apply to someone who has acquired British citizenship by any other means.
“I do think however there needs to be an exception to ECHR to allow the courts to expel a non-British born person; who the CPS can demonstrate is a possible threat to Britain, its allies or its interests. “
“A possib;e threat”…well, that was precisely the situation before the judges’ latest decision: if the intelligence services felt that someone moght be a “threat” for unspecified reasons which could not be examined in court they imposed control orders on them.
Agreed, if you suspect smeone of something, try them or ask them to leave the UK. If they don’t want to leave then detain them, they would be free to leave at any point as long as they left the UK. If they are British by birth then the only option is to try them - simplessss.
There is no concept of “British by birth” in English or Scottish law, nor is suspicion of unverified opinions which may lead to unspecified acts any reasonable basis on which to arrest or deport people.
You have somewhat missed the point, it would not matter if there is or is not currently any concept, you make one. But there is a concept of British by birth – if you visit the Wikipedia British Nationality Law page and look at the section Acquisition of British citizenship it lists 5 ways you can become British :
ex soli: By birth in the United Kingdom to a parent who is a British citizen at the time of the birth, or to a parent who is settled in the United Kingdom
lex sanguinis: By descent if one of the parents is a British citizen otherwise than by descent (for example by birth, adoption, registration or naturalisation in the United Kingdom).
By naturalisation
By registration
By adoption
My concept of British by birth would cover the first two, so what I am saying is that anyone who falls into the last three categories and anyone who is not British should be subject to being asked to leave the UK and if they are unable or unwilling to go should be kept in a secure location until such time as they make the choice to leave the UK.