Burnt Orange Report

British Courts Take Out The Trash...

By Zach Neumann

A British court overturned the country’s main anti terrorism law today. The NY Times reports that:

Britain's highest court ruled today that the British government cannot indefinitely detain foreigners suspected of terrorism without charging or trying them, and called the process a violation of European human rights laws.

A specially convened panel of judges in the Law Lords ruled 8 to 1 in favor of nine foreign, Muslim men who have been in detention, most of them in Belmarsh Prison in London, for as long as three years. The prison has been called "Britain's Guantanamo" by human rights groups.
In its powerfully worded decision, the court said that the government's "draconian" measures unjustly discriminate against foreigners since they do not apply to British citizens and constitute a lopsided response to the threat of a terrorist attack.

The judges deemed it a clear violation of the European Convention on Human Rights, a declaration that complicates the British government's strategy on combating terrorism.

The ruling by the Law Lords, a panel of senior judges who sit in the House of Lords and act as the country's highest court, parallels a June decision by the United States Supreme Court that said "a state of war is not a blank check for the president."

Using the sharpest language of the nine judges, Lord Leonard Hoffman, said today the case was one of the most important decided by the court in recent years.

"It calls into question the very existence of an ancient liberty of which this country has until now been very proud: freedom from arbitrary arrest and detention," he wrote.

He went on to say that the government's actions posed a greater threat to the nation than terrorism. "The real threat to the life of the nation, in the sense of a people living in accordance with its traditional laws and political values, comes not from terrorism but from laws such as these," Lord Hoffman wrote.

"That is the true measure of what terrorism may achieve," he added. "It is for parliament to decide whether to give the terrorists such a victory."

The ground-breaking decision removes one of the government's crucial anti-terrorism tools and muddles its ability to deal with suspected foreign terrorists. It also forces Prime Minister Tony Blair, his cabinet and the Parliament to either modify the law, or release the men and do away with the law altogether. The law must be renewed next year and is scheduled to expire in 2006. Until the government makes that decision, the detainees will remain in prison.

This is interesting. With opposition to restrictive anti-terror laws growing on both sides of the pond, it seems something is going to have to change. Hurray for the common law, I guess. Any thoughts?