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Order on terror suspect restored | Order on terror suspect restored |
(about 10 hours later) | |
A control order imposed on a terror suspect by Home Secretary John Reid which was overturned in the courts has been restored by judges. | A control order imposed on a terror suspect by Home Secretary John Reid which was overturned in the courts has been restored by judges. |
The Court of Appeal reversed an earlier ruling that limiting the movements of the suspect - known as "E" - contravened his human rights. | The Court of Appeal reversed an earlier ruling that limiting the movements of the suspect - known as "E" - contravened his human rights. |
After the latest decision, Mr Reid said: "This judgement means that I can better protect the public." | |
But the case is now likely to be settled in the House of Lords. | But the case is now likely to be settled in the House of Lords. |
'Realistic possibility' | 'Realistic possibility' |
The control order was originally imposed on E because the security services believed he was a facilitator and recruiter for an al-Qaeda-linked organisation, the Tunisian Fighting Group. | The control order was originally imposed on E because the security services believed he was a facilitator and recruiter for an al-Qaeda-linked organisation, the Tunisian Fighting Group. |
The Court of Appeal has endorsed our view John ReidHome Secretary | The Court of Appeal has endorsed our view John ReidHome Secretary |
In February, Mr Justice Beatson at the High Court ruled that the order unlawfully deprived E of his liberty, in contravention of Article 5 of the European Convention on Human Rights (ECHR). | In February, Mr Justice Beatson at the High Court ruled that the order unlawfully deprived E of his liberty, in contravention of Article 5 of the European Convention on Human Rights (ECHR). |
He also cited a failure to prosecute E in light of judgements from a Belgian court. | He also cited a failure to prosecute E in light of judgements from a Belgian court. |
But in the Court of Appeal, Lords Justices Pill, Wall and Maurice Kay overturned the February judgement. | But in the Court of Appeal, Lords Justices Pill, Wall and Maurice Kay overturned the February judgement. |
They said: "We consider it was wrong to describe the Belgian court judgments as evidence giving rise to a realistic possibility of prosecution." | They said: "We consider it was wrong to describe the Belgian court judgments as evidence giving rise to a realistic possibility of prosecution." |
After the latest ruling, Mr Reid said: "The Court of Appeal has endorsed our view that the obligations in that order did not constitute a deprivation of liberty under Article 5 ECHR. | After the latest ruling, Mr Reid said: "The Court of Appeal has endorsed our view that the obligations in that order did not constitute a deprivation of liberty under Article 5 ECHR. |
"I am pleased too that the court accepted that the possibility of prosecution not being kept properly under review would not justify quashing the order in this case." | "I am pleased too that the court accepted that the possibility of prosecution not being kept properly under review would not justify quashing the order in this case." |
Now the order has been restored, E is required to stay at an address between the hours of 0700 and 1900. | Now the order has been restored, E is required to stay at an address between the hours of 0700 and 1900. |
He is not allowed to see unauthorised visitors at the address, have a mobile phone or use the internet. | He is not allowed to see unauthorised visitors at the address, have a mobile phone or use the internet. |
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