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Newszine - 27 - July - August - September - 2002

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

Last updated 26 August, 2008