A v Secretary of State for the Home Department (Belmarsh)

[2004] UKHL 56

Ratio Decidendi

Indefinite detention without trial of foreign nationals suspected of terrorism was incompatible with Articles 5 and 14 of the ECHR. The power was disproportionate and discriminatory as it applied only to foreign nationals.

ข้อเท็จจริง

Part 4 of the Anti-terrorism, Crime and Security Act 2001 permitted the indefinite detention without trial of foreign nationals suspected of involvement in terrorism who could not be deported.

สรุปคำพิพากษา

The House of Lords (8–1) made a declaration of incompatibility under s 4 HRA 1998. The detention was disproportionate because less intrusive means were available, and discriminatory because it targeted only foreign nationals while British suspects remained free.

คำกล่าวสำคัญ

"The real threat to the life of the nation comes not from terrorism but from laws such as these."
— Lord Hoffmann

การอ้างอิงภายหลัง

Good law

Led to the Prevention of Terrorism Act 2005 introducing control orders as a replacement.