UK Judge Approves Use of Secret Evidence in Guantánamo Case by Andy Worthington

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by Andy Worthington
Featured Writer
Dandelion Salad
19 November 2009

Those of us who have been aware that the principles of open justice in the UK are being threatened in an unprecedented manner have, to date, focused largely on the use of secret evidence in cases related to terrorism — widely ignored by the general public, and by much of the media — and on the use of “super-injunctions,” which recently broke into the mainstream with the Twitter-storm over the Trafigura case.

The use of secret evidence in cases related to terrorism involves prisoners held on control orders (a form of house arrest), or imprisoned on deportation bail, who are assigned special advocates to speak on their behalf in closed sessions of the Special Immigrations Appeal Court (SIAC), but who are then prohibited from speaking to the special advocates about what took place in these closed sessions. This regime is now under threat, after the Law Lords ruled in June that imposing control orders breaches Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial, because a suspect held under a control order is not given “sufficient information about the allegations against him to enable him to give effective instructions to the special advocate assigned to him.”

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