A v Secretary of State for the Home Department (Belmarsh)
[2004] UKHL 56
판결 이유
The indefinite detention without trial of suspected foreign terrorists under s.23 Anti-terrorism, Crime and Security Act 2001 was incompatible with Articles 5 (right to liberty) and 14 (prohibition of discrimination) of the ECHR, as it was disproportionate and discriminatory (applying only to foreign nationals).
사실관계
Following 9/11, the UK government derogated from Article 5 ECHR and enacted s.23 ATCSA 2001, allowing the indefinite detention without charge or trial of foreign nationals suspected of involvement in international terrorism. Nine detainees at HMP Belmarsh challenged the lawfulness of their detention.
판결 요약
The House of Lords (8–1) made a declaration of incompatibility. The detention was disproportionate because it applied only to foreign nationals (British suspects remained at large) and because less restrictive alternatives existed. The power was discriminatory on grounds of nationality.
주요 인용문
"The real threat to the life of the nation comes not from terrorism but from laws such as these."
— Lord Hoffmann
후속 처리
Led to the repeal of s.23 ATCSA 2001 and its replacement with control orders under the Prevention of Terrorism Act 2005.