Last week not a good one for Theresa May: not just Abu Qatada


132957J1 v  Secretary of State for the Home Department, 27 March 2013 – read judgment

A UKHRB editor, Angus McCullough QC, was a Special Advocate for J1 before the Court of Appeal, but not in SIAC below. He had nothing to do with the writing of this post

Hot on the Home Secretary’s loss of the Abu Qatada appeal, a reverse for her in another deportation case about someone whom the Court of Appeal described as “an important and significant member of a group of Islamist extremists in the UK,” and who was said to have links – direct or indirect – with men involved in the failed July 21 2005 bombing plot.

The general contours of the case will be familiar to Abu Qatada watchers, with claims under Articles 3 and 6 of the ECHR  amongst others – that if J1 was returned to his country of origin (here, Ethiopia), his human rights would not be respected. There are however a number of interesting features about this decision of the Court of Appeal; firstly, it reversed a decision of  the Special Immigration Appeals Commission against J1 on Article 3 (recall the heightened regard for SIAC as a specialist tribunal in the Abu Qatada appeal) , and secondly (in dismissing the Article 6 claim) it illustrates graphically some of the dilemmas facing Special Advocates when representing their clients in the imperfect world of “closed procedures” (a.k.a secret trials).

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Abu Qatada, Rise of the Secret Court and the European Question – The Human Rights Roundup

Christian rights case rulingWelcome back to the UK Human Rights Roundup, your regular smorgasbord of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

The focus this week has been on the continuing Abu Qatada saga. The Home Secretary lost her appeal and for the time being, Abu Qatada will remain in the country. In other news, the Justice and Security Bill edges towards the finish line, discussion continues on whether the UK will be able to remain in the EU if they leave the ECHR and people are split on the proposed press regulation measures.

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Court of Appeal rejects latest attempt to deport Abu Qatada

121113AbuQatadaMay_6898438Othman (aka Abu Qatada) v Secretary of State for the Home Department [2013] EWCA Civ 277 – read judgment

The Home Office last night assured its 70,000 Twitter followers that “it is not the end of the road”.  Yet by the time she had reached page 17 of the Court of Appeal’s dismissal of her latest attempt to deport Abu Qatada, it might well have seemed that way to Theresa May. 

In November, the Special Immigration Appeals Commission (SIAC) ruled that Qatada could not be deported to face a retrial for alleged terrorism offences due to the real risk of “a flagrant denial of justice”.  Read my post on that decision here.  Yesterday, Lord Dyson – the Masters of the Rolls and second most senior judge in England and Wales – together with Lord Justices Richards and Elias, rejected the Home Secretary’s appeal.

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Justice and Security Bill: The “Secret Courts” Endgame? – Angela Patrick

Today we will see the beginning of the end of the passage of the  Justice and Security Bill Ken Clarkethrough Parliament:  the process commonly known as parliamentary “ping-pong”.  

The notion of a Bill being swatted back and forth across the Palace of Westminster is at its most accurate in the case of controversial legislation such as the “secret courts” Bill (see previous discussions of these controversies).

With allegations that ministers may have misled parliamentarians on the scope of their prized Bill, the picture of political game-playing might be apt.  However, this is the last chance for parliament to consider the government’s case for the expansion of “closed material procedures” (CMP), where a party to proceedings and his lawyers (together with the public and the press) are excluded – and his interests represented by a publicly appointed security vetted lawyer,  known as a Special Advocate.   An analogy more serious than Boris’ “wiff-waff” might be needed for tonight’s debate.    Some commentators have suggested the Lords will play “ping-pong with grenades”.   

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ECHR-lite, Secret Supreme Court and Levesonline – The Human Rights Roundup

Christian rights case rulingWelcome back to the UK Human Rights Roundup, your regular smorgasbord of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

There was a lot of reaction this week to the proposed Royal Charter on press regulation and the auxiliary legislation upon which it relies.  Commentators are divided on whether the move will work or not, with most controversy surrounding the concept of a ‘relevant publisher’ and how this will affect small, online media.  Meanwhile, the Supreme Court has declared that it does have the power to read closed judgments of courts below, and therefore could, too, issue closed judgments.  Debate continues about the shape of human rights in the UK, especially after the next election; whilst the ECHR slowly evolves with a new protocol ready for ratification.

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Ban on ‘ex-gay, post-gay and proud’ bus advert criticised but lawful

262332-anti-gay-london-bus-adverts-promoting-gay-cure-techniques-bannedCore Issues Trust v. Transport for London 22 March 2013 [2013] EWHC 651 (Admin) – read judgment.

In a judgment which is sure to provoke heated debate, the High Court has today ruled that the banning of an advert which read “NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!” from appearing on London buses was handled very badly by Transport for London (“TfL”) but was not unlawful or in breach of the human rights of the group behind the advert.

The advert was placed in April 2012 by Anglican Mainstream, a Christian charity, on behalf of Core Issues Trust, another Christian charity which describes its aim as “supporting men and women with homosexual issues who voluntarily seek change in sexual preference and expression” (see website here). It was intended as a response to another advert placed on London buses earlier in 2012 by Stonewall, the gay rights campaign group, which was in support of the proposal to introduce same-sex marriage and read “SOME PEOPLE ARE GAY. GET OVER IT!”

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Exclusive: Special Advocates’ open letter and briefing note on secret trials

TopSecretFileOn 26 March 2013 the House of Lords will consider the amendments to the Justice and Security Bill made by the House of Commons.  We have reported on this blog on the Bill at various points in its progress, including on the Special Advocates’ views on the proposals. 

Here, now, is the latest contribution:  a Briefing Note in relation to two key amendments which will be considered next week (covering letter here).  First, whether closed material procedures should only be used as a last resort, if a fair trial cannot otherwise be achieved.  And second, whether the interests of open justice should be weighed in the balance by a Court in considering whether to order a closed procedure.

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