A and Others v United Kingdom [2009] 49 EHRR 2

Court: European Court of Human Rights (ECtHR)

Facts: Ottery College, a group of individuals, were arrested and detained in HM Prison Belmarsh by the UK government without trial or charge as part of counter-terrorism efforts. The UK government enacted the Anti-Terrorism, Crime and Security Act 2001 after the 9/11 attacks, allowing detention of non-UK nationals suspected of terrorism if deportation was not possible due to the risk of ill-treatment in their home countries. The core contention was the derogation from Article 5 of the ECHR, which allowed extended detention powers. The House of Lords found the detention scheme disproportionate and declared it incompatible with the Human Rights Act, leading to the repeal of the 2001 Act in March 2005. Despite this, the detainees remained in detention and appealed to the ECtHR.

Issue: Whether the detention of individuals without charge or trial under the Anti-Terrorism, Crime and Security Act 2001 violated their right to liberty and security under Article 5 of the ECHR and whether the use of the Act was discriminatory.

Held: The ECtHR held that the detention was a violation of Article 5 ECHR. The court found the detention arbitrary and disproportionate, lacking evidence that the detainees posed a specific threat to national security or that there was any compelling reason for their detention.

Key Judicial Statement: The court emphasized that detention without charge or trial must be based on individualised suspicion and proportionate to the threat posed. It also highlighted the importance of non-discrimination, ensuring counter-terrorism measures do not disproportionately affect individuals based on nationality or other personal characteristics.

💡Leveluplaw: Detention without charge or trial in counter-terrorism efforts must be justified by individualised suspicion and be proportionate. Discriminatory application of such measures based on nationality or other characteristics is not permissible.