Terror suspects win UK legal battle
Five men suspected in the United Kingdom of facilitating terrorism won a High Court battle on Thursday against the freezing of their assets.
The decision comes as a blow to the governments security laws and the United Nations sanctions system. The five suspects had challenged the financial sanctions imposed on them under two laws enacted by the UK government as orders in council to implement United Nations accords, a form of legislation that does not need parliaments approval.
High Court judge Andrew Collins said the first order relied on suspicion - as opposed to proof - and the second gave people no chance to challenge a UN sanctions listing because they were not told what they were alleged to have done wrong. I take the view that both the ... orders as they stand are not lawful, he said. Under the UN resolutions, member states must freeze the assets of hundreds of people suspected by the UN to be al Qaeda and Taliban associates. But Thursdays judgment challenged the manner in which Britain had implemented the measures. The government said it was disappointed and would appeal; pending which the would remain frozen.
Dilemma: When government lawyer Jonathan Crow said enforcing the orders could violate the UKs duty under the UN Charter, the judge replied: The government has only got itself to blame for that.
The ruling comes as Prime Minister Gordon Brown who was forced to concede on Wednesday over the taxation of low-income earners.
He also faces a potential parliamentary revolt over plans to increase from 28 to 42 days the period for which arrested terrorist suspects can be held in custody before police either have to charge or release them.
Posted by: Fred 2008-04-25 |