UK detention policy in Afghanistan unlawful, judge rules

The case involves a judicial review of the Secretary of State’s policy by three Afghans.

UK detention policy in Afghanistan unlawful, judge rules

World Bulletin / News Desk

A high court judge has ruled that the UK’s detention policy in Afghanistan is unlawful. Since November 2009, the UK’s policy has involved internment for the purposes of interrogation for weeks or months beyond the permitted 96 hours under the International Security Assistance Force (ISAF) guidelines.

The Judge found that detention or internment beyond the 96 hours “went beyond the legal powers available to the UK.”

Mohammed Qasim was held for more than nine months at UK detention facility, Camp Bastion, from 19 September 2012 until the end of June 2013.

Mohammed Nazim, a brother of Qasim was held for the same dates and periods as his brother. A third man, Abdullah, who did not give a surname, was held for more than 10 months between 2012 and 2013 at Camp Bastion.

The judge ruled that the Human Rights Act 1998 and the European Convention on Human Rights applied outside of the UK and Northern Ireland and was therefore applicable in Afghanistan.

Phil Shiner of Public Interest Lawyers said today, “This is a judgement of profound importance with far reaching implications for future UK operations abroad where UK personnel are on the ground. It tells the MoD again that no matter how they try to avoid accountability for the UK’s actions abroad, International Human Rights Law will apply and, thus, UK personnel must act accordingly.”

Last Mod: 02 Mayıs 2014, 14:05
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