1. Case Report

2. Full name of the case Date 2004 Court UK House of Lords The source
[2004] UKHL 56

3. Background of the case: facts
Who are the parties to the case
the Home Secretary
9 foreigners
Basis of the case
The applicants are foreigners detained on the suspicion of terrorism. None has been the subject of any criminal charge. In none of their cases is a criminal trial in prospect. All challenge the lawfulness of their detention.

4. The legal issue of the case
Does the Anti-terrorism, Crime and Security Act 2001 violate Human Rights Law?

5. What law did the court use?
the European Convention on Human Rights, given domestic effect by the Human Rights Act 1998
Anti-terrorism, Crime and Security Act 2001

6. The decision
The court decided for the appellants.

7. What reasons did the court use?
There neither was nor is a "public emergency threatening the life of the nation" within the meaning of law (Art. 15 of the Convention)
Article 15 requires that any measures taken by a member state in derogation of its obligations under the Convention should not go beyond what is "strictly required by the exigencies of the situation.“ The detention was disproportionate. (Para 30)

8. the legislative objective to protect the UK from the terrorists is justifiable, but it could have been achieved by means which did not, or did not so severely, restrict the fundamental right to personal freedom (Para 30)

9. Providing for the detention of suspected international terrorists who were not UK nationals but not for the detention of suspected international terrorists who were UK nationals, The UK legislation unlawfully discriminated against them as non-UK nationals (Para 46)
What cannot be justified here is the decision to detain one group of suspected international terrorists, defined by nationality or immigration status, and not another (Sec. 68)

10. Conclusion
The UK courts can rule on the criminal justice legislation if the latter contradicts international human rights law.

11. Opinion 1. I agree with the decision Reasons:
The decision to detain a foreigner indefinitely violates:
The principle of liberty
The principle of impartiality
The principle of certainty
The principle of speedy process