The Equality and Human Rights Commission today announced it is to consider using its legal powers to seek a judicial review should the Government enact a law extending pre-charge detention limits to 42-days.
The Commission has obtained legal advice supporting its position that extended limits could be challenged under several articles of the Human Rights Act.
According to the advice from Rabinder Singh QC and Professor Aileen McColgan, both of Matrix chambers, the proposals would violate articles 3,5,6, and 14 of the European Convention of Human Rights:
- prohibition against torture and inhuman or degrading treatment
- right not to be detained without reasonable suspicion
- requirement that arrestees are informed promptly of the reasons for their arrest and the charges against them
- requirement that detainees be brought promptly before a judge
- requirement that detainees are entitled to speedily have the lawfulness of their detention ascertained by a court
- the right to a fair trial, and the prohibition from discrimination
The advice goes on to say, "in our view, there is little evidential basis for the alleged necessity of the scheme, the arguments put forward by its proponents being based on assumption and assertion alone".
In addition to seeking legal advice, the Commission also consulted with the Muslim, Asian and other ethnic minority groups that are most likely to be affected by the changes. The consultations indicated that the extension is widely seen to be disproportionate and would damage communities' sense of belonging to a common society and undermine trust in state institutions, such as the police.
The Commission has written to the Home Secretary Jacqui Smith and Parliamentarians, sharing this advice and the results of its consultation.
Trevor Phillips, Chair of the Equality and Human Rights Commission, said:
"The Commission fully recognises Ministers' seriousness in providing for powers to avert acts of terrorism. However, the fact that we share the government's real concerns does not mean that we must support its proposed methods. As the body charged with the promotion of human rights, we agree with Ministers that the right to life is paramount, but that does not give us the liberty to take actions that unnecessarily violate other human rights."
"We remain unpersuaded that the government has yet provided compelling evidence for what our legal advice shows would be an effective suspension of some human rights, and the wholesale alienation of a part of our community whose engagement is itself vital to the fight against terrorism. That is why we are advising Parliament that should the proposed measures be carried, the Commission will immediately move to test the legality of the 42-day proposal by launching a judicial review."
Ends
View a full copy of the briefing we sent to Parliamentarians (Word 611kB)
For more information please contact the Equality and Human Rights Commission Media Office on 02031170255, out of hours 07767272818.
Notes to editors
Rabinder Singh QC is one of the government's legal advisors, a Deputy High Court Judge and a Professor of Law at the London School of Economics. Aileen McColgan is a Professor of Human Rights Law at King's College. Both work for Matrix Chambers, a leading firm in the field of human rights law.
The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.
The Equality and Human Rights Commission is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.
The Equality and Human Rights Commission will enforce equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourage compliance with the Human Rights Act. It will also give advice and guidance to businesses, the voluntary and public sectors, and to individuals.