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Session 2002-03
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Joint Committee On Human Rights Publications

Joint Committee On Human Rights - Fifth Report

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 24 February 2003.


CONTENTS


Terms of Reference

REPORT

Background

What do sections 21 to 23 of the Act do?

What human rights questions are raised by sections 21 to 23 of the Act?

Question 1: Are the derogations from ECHR Article 5 and ICCPR Article 9

valid in international law?

Question 2: Is the derogation order under the Human Rights Act 1998 valid in

municipal law?

Question 3: Does the restriction of 'suspected international terrorists' to people

who are not nationals of the United Kingdom unlawfully discriminate against

those detained on the ground of nationality, violating ECHR Article 14 taken

together with Article 5 or Article 26 of the ICCPR taken alone?

Question 4: Does the definition of 'suspected international terrorist' satisfy

the requirements of the principle of legal certainty?

Question 5: Are the powers being used in individual cases in a manner

compatible with human rights?

Assessment of the evidence in individual cases

Procedural safeguards and due process rights 1: Right to a speedy

review of lawfulness of detention

Procedural safeguards and due process rights 2: Availability of legal advice

Procedural safeguards and due process rights 3: Fairness of SIAC process generally

Procedural safeguards and due process rights 4: Role of the special

advocate, and equality of arms between the detainee and the State in relation to 'closed' material

Role of the special advocate on appeal

Treatment and conditions of detention of detainees

Conclusion: in the light of the above discussion, would it be appropriate for

Parliament to authorise renewal of the powers under sections 21 to 23 of

the ATCS Act?

Conclusions and recommendations

PROCEEDINGS OF THE COMMITTEE RELATING TO THE REPORT

APPENDICES

1.Letter from the Chairman to Rt Hon David Blunkett MP, Home Secretary

2.Letter from Rt Hon David Blunkett MP, Home Secretary to the Chairman

3.Letter from the Chairman to Lord Carlile of Berriew QC

4.Letter from Lord Carlile of Berriew QC to the Chairman

5.Letter from the Chairman to Rt Hon Lord Newton of Braintree, Chairman,

ATCSA Review Committee

6.Letter from Rt Hon Lord Newton of Braintree, Chairman, ATCSA

Review Committee to the Chairman

7.Opinion of Mr Alvaro Gil-Robles, Commissioner for Human Rights,

Council of Europe

LIST OF REPORTS FROM THE COMMITTEE IN THE PRESENT PARLIAMENT SESSION 2002-03

  LIST OF REPORTS FROM THE COMMITTEE IN THE PRESENT PARLIAMENT SESSION 2001-02


 
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Prepared 26 February 2003