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Tag Archives: Special Immigration Appeals Commission

Abu Qatada A Step Closer to Freedom (But Still a Prisoner of the UK System)

The fifty-one year old Omar Othman, Abu Qatada al-Filistini, a Palestinian refugee with Jordanian nationality has spent the last six years in various maximum security prisons for Category A offenders. Since his original detention in October 2002, every attempt to deport him to Jordan has been frustrated. The law lords ruled three years ago that he could be sent back but the Strasbourg decision overturned that ruling.

The Home Office clashed openly with judges on Monday when it criticised a decision to free on bail, Abu Qatada, who is accused of posing a grave threat to British national security. The decision by Mr Justice Mitting will see Abu Qatada, once described as Osama bin Laden’s righthand man in Europe, walk out of Long Lartin maximum security prison in Worcestershire after more than six and a half years in detention without trial – the longest period in modern times [see footnote].

The Special Immigration Appeals Commission (SIAC) has imposed some of the most draconian bail conditions seen since 9/11, including a twenty-two hour curfew, but this did little to assuage the anger of the Home Office ministers or politicians from all parties at the decision.

The clash takes the battle between politicians and the judiciary into new territory as Abu Qatada is a major international terror suspect. He was first detained without trial in Britain under the quashed Belmarsh regime nearly a decade ago, in October 2002.

The decision taken by the high court judge at SIAC follows the ruling by the European court of human rights that he could not be deported toJordan because he would face a “flagrant denial of justice” – a retrial based on evidence obtained through torture. Abu Qatada had been detained under immigration laws for the past six and half years pending his deportation to Jordan. Read the rest of this entry »

Detainee Y: January 17, 2011

17 Jan

The media, politicians, security services and security analysts in England keep debating control orders. The current argument is just window dressing for something darker and more sinister behind closed doors. Aaah! There are only eight individuals under this controversial and inefficient order that breaches the human rights of those individuals – all British citizens (humans) of course.

But what they are not discussing are the other eight individuals who are under SIAC bail restrictions – a more horrendous and draconian form of control. What about them? Why is no one discussing them or their basic human rights? Can it be because those eight individuals are refugees therefore, by consequence, are not human beings? Is this not two tier justice?

These eight indefinitely detained individuals, who live under SIAC (Special Immigration Appeals Commission) restrictions, haven’t been charged or tried for any crime but have been detained since 2005. They live in complete anonymity because they are bound by SIAC to be referred only by the letters of the alphabet (A, B, X, Y etc.).

They are under house arrest with up to 20 hours daily curfew with a Judge permitted to impose a 24 hour curfew as in total house arrest. These men are tagged with no visitors or friends permitted to enter their homes unless by prior consent of the Home Office. They are sent to live in remote areas (exiled in England), with no mobile phone, no computer, not even a play station (to kill time), no job, no education – basically no life as a human being or animal (because animals do have rights and their rights are protected), living in limbo in a boundary of less than a mile for the past five years. Not only are the detainees themselves affected, but also their wives and children who are, as they like to call it, collateral damage. The list of restrictions is long and the amount of suffering is huge. Detainees and their families are broken; ruined; psychologically affected (depression, epilepsy, suicide attempts, PTSD, paranoia); physically weak; socially excluded; deprived of freedom and simple, normal life’s necessities and instincts as a human being. It is a collective, slow and premeditated torture.

The media, politicians, security services and even the English judicial system want to keep quiet about them, want to keep them hidden anonymously behind closed doors and closed sessions held in SIAC (a kangaroo court) where the evidence is secret and the Judge needs security clearance to hear the evidence. The Home Office and security services are the prosecution and the defence is a security vetted special advocate who is appointed by the Home Office to stand on behalf of the detainee. The special advocate and the detainee are not allowed, by SIAC rules, to discuss the case or the secret evidence.

So what kind of process is this where the defendant can’t speak to his legal representative? Is this the land where law rules? Is this democracy, liberty and justice? Is this a judicial system to be proud of?
In the meantime, the detainees and their families suffer in silence in the shadows, hoping for justice to prevail but deep down they don’t see any justice in the near future and to this dilemma, this humanitarian calamity, the detainees are wishing and seeking a fair process, law bounded treatment, open court and real justice.

The detainees are living between a rock and a hard place. Their choice either to live under these restrictions or as a category A prisoner in a high security prison or drop the legal challenge against the Home Office and go back to their country of origin to face ill treatment, torture and indefinite incarceration. What a choice. Can you believe it? It’s happening here in England?

So who will speak for these detainees, their wives and their children? Who will talk about them? Who will argue their case for the sake of justice and humanity? Who?

I appeal and plead to your consciences, your human souls and compassionate hearts. I leave it to you. May God bless you all.

In hope and anticipation,
Detainee Y