Detainees and control orders

Control orders create a ‘domestic prison’ regime

"The real threat to the life of the nation… comes not from terrorism but from laws such as these... It calls into question the very existence of an ancient liberty of which this country has, until now, been very proud - freedom from arbitrary arrest and detention"
Lord Hoffman, December 2004

In March 2005, despite huge opposition from the public and the House of Lords, the Prevention of Terrorism Act became law. In the name of ‘anti-terror’ measures, the new ‘control orders’ treat people as guilty. They are branded forever as individuals ‘involved in terrorism-related activity’. These measures violate a fundamental principle: innocent until proven guilty and the right to a fair trial. They punish individuals for what they might do, not what they have done. Already such orders have restricted association, telephones and internet use, while imposing electronic tagging. Later these powers may be extended to house arrest. Any breach of such conditions could lead to imprisonment. More people may have new orders imposed at any time.

CAMPACC's submission to the Joint Committee on Human Rights Inquiry into Control Orders, February 2006. (pdf file)
On Friday 3rd December 2005 Lord Carlile published his report supporting the government’s use of ‘control orders’(under the PTA 2005), as measures supposedly necessary to protect us all from suicide bombings. Thus he justified punishment without trial, even without public evidence against those punished. The same day was the deadline for submissions to the Joint Committee on Human Rights (JCHR) inquiry into control orders. CAMPACC’s submission attacked the ‘domestic prison’ regime which results from control orders and from bail conditions under the Immigration Act 1971. All these restrictions create a domestic prison for anyone who acts as a host, e.g. the person’s family, friend or volunteer. These measures violate basic human rights, yet the government acts as if no derogation from the ECHR is necessary.

Read the Joint Committee on Human Rights Inquiry into Control Orders Report, February 2006 (pdf files)
On 14th February 2006, the JCHR published its report, appending submissions from several opponents of control orders (CAMPACC, SACC, Liberty, Justice, etc.). The solicitors Tyndallwoods quote their client Mr X as follows: ‘I was in prison before on my own, but now my whole family is in prison.’ (p.92). In its main report, Counter-Terrorism Policy and Human Rights: Draft Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2006, the JCHR regards control orders as so restrictive of liberty as to require a derogation from the ECHR. Moreover, argues the JCHR, control order proceedings amount to determination of a criminal charge and so warrant the full protections of a criminal trial. The Committee opposes the government’s plan to renew the control order powers without any derogation and without Parliamentary debate (before the powers lapsed on 11th March 2006). Read Scotland Against Criminalising Communities press release drawing out the main points of the report, 14 February 2006

No punishment without trial: repeal the political 'control orders'
CAMPACC's response to the Prevention of Terrorism Act 2005 and the control orders, March 2005

The end of Internment?
CAMPACC statement in reponse to the Law Lords’ ruling on indefinite detention, 23 December 2004.