Procedural safeguards and due process
rights 3: Fairness of SIAC process generally
50. With limited exceptions, there has been no suggestion
that hearings before SIAC are conducted otherwise than fairly.
So far as one can tell, the only hearings to have taken place
so far have been fair within the limits imposed by the legal framework
put in place by the ATCS Act. The members of SIAC are properly
independent, have appropriate expertise, and have acted impartially.
Evidence for this is provided by the fact that SIAC held that
sections 21 to 23 of the Act violated ECHR Article 14 taken together
with Article 5 (although the decision was later reversed by the
Court of Appeal). Once SIAC begins to conduct substantive hearings,
we have no doubt that it will provide an adequate safeguard for
the rights of detainees.