One of NCADC's founding campaigns, in June 1995 was, 'Free Karamjit Singh Chahal'. Karamjit at that time was still in Bedford Prison, having been detained on the 16th August 1990 (he was not released until the 15th November 1997). Karamjit had been kept in detention by a order of the 'Advisory Panel', a legal body commonly called the 'three wise men'

Karamjit won his case in the European Court of Human Rights (ECHR) and it  became an important precedent, cited in many similar cases. The ECHR ruled that the 'three wise men' were not a 'court' within the meaning of Art 5(4), which guarantees the right to have the lawfulness of detention speedily decided by a court.... the court also quite clearly stated that  evidence which could not be contested in open court should not be used.

As a result of this the UK government was forced to release from prison both Karamjit, who had spent 6 years and 2 months behind bars and Raghbir Singh, another NCADC campaign, who had also been interned in HMP Birmingham, for 18 months. Raghbir to this day has never been told why he was interned, or received a penny in compensation for the wrongful imprisonment.

The decision from the ECHR forced the government to introduce new legislation, which they hoped would circumvent the ECHR decision. The 'Special Immigration Appeals Commission' was brought into existence. This was not to ensure a fair appeal against the Home Secretary's decision, but to enable the Government to deport people quickly. However, apparently this wasn't tough enough so the government brought in the 'Anti-Terrorism Crime & Security Act 2001'. This act is more draconian and has more powers than the 'three wise men' ever dreamed of.

Over the years NCADC has supported a number of other campaigns against deportation that have involved Home Office secrecy and the indefinite detention of migrants and asylum seekers. Samar Alami and Jawad Botmeh are still in jail and still facing deportation after evidence against them was kept secret. Another of our campaigns, Shafiq-ur-Rehman, was put before the 'Special Immigration Appeals Commission'. Even though the commission decided in favour of Rehman, the Government took the case to the House of Lords. He too is facing deportation.

At the time of writing this article there are a seven people detained under the ‘Anti-Terrorism, Crime and Security Act (ATCSA) 2001’, all face deportation. None of them will receive a fair trial, simply because the alleged evidence against them will not be heard by the detainees.

You cannot defend yourself if you do not know what you are accused of or by whom you have been accused.

The treatment of the seven detainees contravenes not only the ancient right of Habeas Corpus, but also the Human Rights Act 2000 and international law - e.g. the ECHR which enshrines the right to freedom from arbitrary detention (how can we believe the detention is anything other than arbitrary when we are not privy to the reasons for it) and the right to due process. Everyone has a right to know and contest the evidence used against them - unless, it seems, he or she is a migrant facing deportation.

The Campaign Against Criminalising Communities are supporting the seven and calling for the Act to be repealed.

NCADC are fully supporting the Campaign Against Criminalising Communities