Campaign Against Criminalising Communities
Star Chamber to use racist 'Anti-Terrorism' Act
For many centuries the people have fought to defend the
right of habeas corpus. This means that anyone's detention has to be justified
by a criminal charge, with evidence to be heard and tested in open court.
In the 16th century, however, the notorious 'star chamber' circumvented
common-law judicial procedures, especially safeguards for individual liberty
from arbitrary imprisonment. This special court was abolished by the Long
Parliament in the English Revolution.
Britain today has another star chamber called the Special
Immigration Appeals Commission. It is authorized to hear evidence which
is heard in closed session and remains secret, beyond challenge. During
17-20th July the Home Office will present secret evidence attempting to
justify why Britain should continue to intern seven anonymous people,
still without any criminal charge.
They are interned under the Anti-Terrorism Crime &
Security Act 2001, a racist law which authorises the Home Office to breach
the right of habeas corpus. Any foreign national can be detained for an
indefinite period if s/he poses a threat to public safety but cannot be
safely returned to the country of origin. Since December several Muslims
have been interned, supposedly because the UK faces a "public emergency"
from terrorist threats.
Lawyers have fought hard for a judicial procedure to release
the detainees. On the 17th July, lawyers will finally be allowed to challenge
the indefinite internment as a breach of human rights. This hearing must
have public scrutiny. It should be used to challenge secret evidence and
illegitimate detentions.
We demand the immediate release of political prisoners
held indefinitely without charge under oppressive 'anti-terrorist' legislation.
Here are some reasons why:
Illegitimate law
They are interned under an illegitimate law, the Anti-Terrorism,
Crime and Security Act (ATCSA) 2001, which authorises unlimited administrative
detention of foreign nationals without criminal charge. The basic, ancient
right of habeas corpus has been suspended. This means the UK has derogated
from the Human Rights Act.
Fake "state of emergency"
This infringement of basic rights is possible only because
the UK government has declared a "public emergency affecting the life
of the whole nation", despite official acknowledgments that there is no
terrorist threat to the UK. The government has failed to explain why it
alone in Europe has taken these extraordinary measures, without any evidence
of threat. Two internees have been released for voluntary deportation
to France and Morocco, where they are subject to no legal proceedings
or internment, even though the UK had treated them as international terrorists.
Racist asylum agenda
None of the internees are alleged to be involved in the
September 11th attacks. But the government associates them with the "agenda
of Osama Bin Laden", i.e. as anti-American Muslims. All the internees
cannot lawfully be returned to their countries of origin because the Home
Office accepts that they will be subject to inhumane treatment. Yet they
are thrown into prison here, rather than being given protection. Like
Irish and black people previously, these internees are treated as Muslim
until proven innocent. The 'anti-terrorist' law is deeply racist, entrenching
anti-Muslim prejudices and paranoia.
Harsh conditions
All the detainees are held in maximum secure prisons with
severe restrictions on space, sunlight, visiting association, etc. These
prisons have been described as "concrete coffins" by lawyer Gareth Peirce.
Such treatment endangers the physical and mental health of the internees.
Some have already been subjected to torture and ill-treatment in other
countries.
Terrorising dissent
Internment is clearly intended to deter political activity
and dissent by foreigners in the UK. It intimidates the prisoners, their
families, associates and indeed, entire communities -- who are left wondering
who will be next.
Infinite Injustice
When President Bush launched the 'war on terror' last
year, he called it Operation Infinite Justice. This turned out to mean
state terrorism which hands out infinite injustice. Internment is one
of many hidden injustices in this so-called 'war' and must be resisted.
Secret evidence
The internment will be challenged at a hearing of a Special
Commission, where much of the government's evidence will be heard in secret
-- not disclosed to the internees or their lawyers.The internees themselves
are not even allowed to attend. This procedure inherently abuses the judicial
process, especially by treating the internees as guilty until proven innocent.
Campaign Against Criminalising Communities (CACC)
44 Ainger Road
London NW3 3AT
Tel: 020 7586 5892
Email: knklondon@gn.apc.org
www.cacc.org.uk