Detainee MWritten by CP Editor Thursday, 08 October 2009
Detainee M is a Libyan living in the UK. He holds a degree in geology and geological engineering.
M was detained at Heathrow in November 2002 and held indefinitely without charge or trial under the Anti-Terrorism Crime and Security Act of 2001.
He was interned in HMP Belmarsh as a Category A prisoner and spent 22 hours a day in his cell.
After 16 months, SIAC, released him in March 2004 ruling that the evidence against him was “clearly misleading” and “inaccurate and conveyed an unfair impression.”
In October 2005, the British government signed a Memorandum of Understanding (MoU) with Libya “to facilitate the deportation of persons suspected of activities associated with terrorism”.
This agreement was to ‘ensure’ that any ‘terror suspects’ returned to the country would not face torture.
In November 2005, the British government proscribed the Libyan Islamic Fighting Group as a terrorist organisation.
Miscarriage of Justice
M was rearrested in December 2005 and sentenced to three years and nine months in prison for his membership in this group.
Justice MacKay recommended that M be deported to Libya upon completion of his sentence. As M was involved in a dissent group; this recommendation would amount to deportation to torture. He could face a substantial threat of torture and inhuman and degrading treatment if he were deported.
On 9 April 2006 the Court of Appeal allowed the appeals of two Libyans, AS and DD, “against deportation orders made against them on national security grounds, on the ground that there were substantial grounds for believing that they faced a real risk of treatment in violation of Art 3 of the Convention if returned to Libya”.
Following this ruling, M was placed under a control order.
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Published in UK
- terror suspects
- National security
- Court of Appeal
- British Government
- Detention Without Trial
- Libyan Islamic Fighting Group
- control order
- Memorandum of Understanding
- Category A
- Detainee M
- Held indefinitely without charge or trial
- AntiTerrorism Crime and Security Act of 2001
- HMP Belmarsh
- Terrorist organisation
- Justice MacKay
- Dissent group
- Inhuman and degrading treatment
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