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UK supreme court goes into secret session for first time UK supreme court goes into secret session for first time
(6 months later)
The supreme court went into secret session for the first time ever on Thursday to hear sensitive intelligence about a Tehran bank accused of participating in Iran's nuclear weapons programme.The supreme court went into secret session for the first time ever on Thursday to hear sensitive intelligence about a Tehran bank accused of participating in Iran's nuclear weapons programme.
Before a live television broadcast shut down, Lord Neuberger, president of the court, declared the ruling had been taken "with great reluctance" by a majority of the nine justices hearing the appeal by Bank Mellat.Before a live television broadcast shut down, Lord Neuberger, president of the court, declared the ruling had been taken "with great reluctance" by a majority of the nine justices hearing the appeal by Bank Mellat.
The decision to hold what is known as a "closed material procedure" (CMP) – in which claimants are prevented from discovering the security evidence against them – was made after lawyers for the Treasury urged the justices to read a secret judgment from a lower court.The decision to hold what is known as a "closed material procedure" (CMP) – in which claimants are prevented from discovering the security evidence against them – was made after lawyers for the Treasury urged the justices to read a secret judgment from a lower court.
Neither the House of Lords not the supreme court has ever held a CMP before to read a secret judgment or hear secret evidence since such procedures began in specialist immigration and security tribunals more than 10 years ago.Neither the House of Lords not the supreme court has ever held a CMP before to read a secret judgment or hear secret evidence since such procedures began in specialist immigration and security tribunals more than 10 years ago.
The supreme court, Neuberger has said, occupies a particular place in the constitution "where all judgments should be open and be available to be seen". Unlike the lower courts, it deals with matters of broader principle.The supreme court, Neuberger has said, occupies a particular place in the constitution "where all judgments should be open and be available to be seen". Unlike the lower courts, it deals with matters of broader principle.
Bank Mellat, Iran's largest private financial institution, is appealing against sanctions imposed on it by the government. In January, the European court of justice in Luxembourg ruled there was no evidence to suspend it from trading in Europe.Bank Mellat, Iran's largest private financial institution, is appealing against sanctions imposed on it by the government. In January, the European court of justice in Luxembourg ruled there was no evidence to suspend it from trading in Europe.
The House of Lords is due to vote next week on the justice and security bill, which will significantly expand the use of such secret hearings into the main civil courts.The House of Lords is due to vote next week on the justice and security bill, which will significantly expand the use of such secret hearings into the main civil courts.
Regretting the necessity of going into closed session, Neuberger said the Treasury had argued that without reading the secret judgment of Mr Justice Mitting [in a lower court] "we cannot be wholly confident of disposing of the bank's appeal justly without considering the closed judgment".Regretting the necessity of going into closed session, Neuberger said the Treasury had argued that without reading the secret judgment of Mr Justice Mitting [in a lower court] "we cannot be wholly confident of disposing of the bank's appeal justly without considering the closed judgment".
He added: "We are very dubious indeed whether this will turn out to be the case … We have reluctantly decided that we cannot consider the closed judgment without having a closed hearing, as otherwise the contents of the closed judgment would be revealed to the public, including Bank Mellat and its representatives.He added: "We are very dubious indeed whether this will turn out to be the case … We have reluctantly decided that we cannot consider the closed judgment without having a closed hearing, as otherwise the contents of the closed judgment would be revealed to the public, including Bank Mellat and its representatives.
"This is a decision which is reached with great reluctance by all members of the court; indeed it is a majority decision. No judge can face with equanimity the prospect of a hearing, or any part of a hearing, which is not only in private, but involves one of the parties not being present or represented at the hearing and not even knowing what is said either at the hearing or in a judgment in so far as it discusses what was said or produced by way of evidence at the closed hearing."This is a decision which is reached with great reluctance by all members of the court; indeed it is a majority decision. No judge can face with equanimity the prospect of a hearing, or any part of a hearing, which is not only in private, but involves one of the parties not being present or represented at the hearing and not even knowing what is said either at the hearing or in a judgment in so far as it discusses what was said or produced by way of evidence at the closed hearing.
"Nonetheless, as parliament has decided that, in certain circumstances, such a procedure is necessary and permissible in a trial before a judge …""Nonetheless, as parliament has decided that, in certain circumstances, such a procedure is necessary and permissible in a trial before a judge …"
The civil rights group Liberty, which intervened in the case, deplored the ruling. Corinna Ferguson, Liberty's legal officer, said: "This is a sad landmark in British legal history. The creep of secrecy has now reached our highest court, a body with a noble tradition for upholding justice and the rule of law. Unless peers take a stand next week [against the justice and security bill] there is a serious danger that the reputation of our justice system will forever be damaged."The civil rights group Liberty, which intervened in the case, deplored the ruling. Corinna Ferguson, Liberty's legal officer, said: "This is a sad landmark in British legal history. The creep of secrecy has now reached our highest court, a body with a noble tradition for upholding justice and the rule of law. Unless peers take a stand next week [against the justice and security bill] there is a serious danger that the reputation of our justice system will forever be damaged."
Sarosh Zaiwalla, Bank Mellat's solicitor, said: "Sanctions are an important way to enforce international law in a peaceful manner, but they must be subject to the rule of law and require evidence. It is vital for public confidence in the law that justice is not only done but is seen to be done."Sarosh Zaiwalla, Bank Mellat's solicitor, said: "Sanctions are an important way to enforce international law in a peaceful manner, but they must be subject to the rule of law and require evidence. It is vital for public confidence in the law that justice is not only done but is seen to be done."
Lawyers for Bank Mellat deny that it participated in Iran's nuclear programme and have said the bank swiftly ended its commercial relationship with a company suspected of financing Iran's nuclear proliferation programme once that firm's involvement became known. Judgment was reserved.Lawyers for Bank Mellat deny that it participated in Iran's nuclear programme and have said the bank swiftly ended its commercial relationship with a company suspected of financing Iran's nuclear proliferation programme once that firm's involvement became known. Judgment was reserved.
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