Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
wrong in refusing to compensate him. At
the end of the reporting period, Lotfi Raissi
was seeking to appeal the High Court’s
ruling.
Control orders (update to AI Index: EUR
01/001/2007)
In March, the High Court held that the
restrictions imposed under a control order
on a dual UK/Libyan national, known for
legal reasons only as “AF”, amounted to a
deprivation of liberty. In particular, the
court paid regard to the cumulative effects
of the various restrictions, as well as the
possibility that at least some of them would
be renewed for a number of years. It
therefore quashed the order, but left it
open to the Home Secretary to impose a
new, “lawful” order on “AF”.
In May, the Court of Appeal of England and
Wales (Court of Appeal) reversed a
February judgment of the High Court
concerning a control order imposed on a
Tunisian national known for legal reasons
only as “E”, holding that the cumulative
effect of the order had not been such as to
deprive him of his liberty. In addition, the
Court of Appeal held that, while there had
been, as the High Court had found, a
breach of the obligation to keep the
possibility of “E”’s prosecution under review,
quashing the order had not been the
appropriate remedy for this failure.
The Court of Appeal also confirmed the
finding of the High Court that the
cumulative impact of the restrictions on
“E”’s children did not violate or risk
violating their right to be free from illtreatment. With respect to the right of “E”’s
wife and children to private and family life,
the Court of Appeal agreed with the High
Court that the “serious interference with
the rights of E’s innocent wife and children”
was justified and proportionate in light of
the state’s interest in preventing or
restricting “E”’s “involvement in terrorismrelated activity”. “E” was one of those who
had been interned without charge or trial
and detained at Belmarsh in December
2001, under the now defunct Part 4 of the
Amnesty International
131
Anti-terrorism, Crime and Security Act 2001
(ATCSA). Since March 2005 he had been
made the subject of a control order.
In June, there were 17 control orders in
force, pursuant to powers in the Prevention
of Terrorism Act 2005 (PTA), eight of which
were imposed on UK citizens, the remaining
nine on foreign nationals. During the review
period, one individual was charged with
breaching his control order.
Mahmoud Abu Rideh (update to AI Index:
EUR 01/007/2006)
In April, Mahmoud Abu Rideh won his
control order appeal. The High Court
quashed the control order, finding that the
restrictions
it
imposed
cumulatively
amounted to a deprivation of liberty. Since
March 2005 Mahmoud Abu Rideh had been
subjected to: residence restrictions; a 12hour
home-curfew;
prohibitions
on
unauthorised visitors to his house or
prearranged meetings elsewhere; and other
restrictions.
Unprecedentedly, lawyers on behalf of
Mahmoud Abu Rideh and his family had
also argued that the restrictions had had
such a significant impact on his mental
health, and that of his children, that they
amounted to inhuman or degrading
treatment. However, the judge concluded
that neither in Mahmoud Abu Rideh’s case,
nor in his children’s, did the evidence
before him reach the threshold required for
what had been done to amount to inhuman
or degrading treatment. The judge also
rejected the argument that the rights of
Mahmoud Abu Rideh’s wife and children to
private and family life and freedom of
expression had been violated.
In response to the judgment, the Home
Secretary was reported as saying:
“To protect the public, I have made a
new order against Mr Rideh. However,
this is inevitably weaker than the
original one, which means that not only
is there an increased risk of him
absconding but that it is also now more
difficult for the police to supervise him
AI Index: EUR 01/010/2007
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