Secretary of State for the Home Department v MB: Secretary of State for the Home Department v AF [2007] UKHL 46

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Susan Edwards

Abstract

HUMAN SACRIFICES AT THE ALTAR OF TERRORIST CONTROLJoseph K in Franz Kafka’s The Trial is arrested and put on trial, but the evidence against him is never disclosed and so he is suspended in a legal nightmare. On December 16th 2004, the House of Lords, in A and others v Secretary of State for the Home Department, ruled that indefinite detention of non-UK nationals, without charge or trial, was incompatible with Article 5 of the European Convention of Human Rights (ECHR). In A and others v Secretary of State for the Home Department (No 2), Lord Carswell said, “…no court will readily lend itself to indefinite detention without charge, let alone trial.”

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Commentaries
Author Biography

Susan Edwards, The University of Buckingham

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