Law and Rights
The Court of Appeal - Lord Neuberger MR, Maurice Kay and Sullivan LJJ - 14th December 2011
The writ of habeas corpus (see BBC) has, for centuries, been available as a remedy against unlawful detention. The case of Yunus Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for Defence [2011] EWCA Civ 1540 illustrates the use of the writ to seek the return to the United Kingdom of a prisoner held, unlawfully, at Bagram, Afghanistan. See also Reprieve. and also the comments by solicitors Leigh Day & Co. who indicate that -
"The application was strongly resisted by the UK government, which argued that Mr Rahmatullah was no longer in its control and that it was improper of the Court to interfere with its relationship with the US authorities."
"This judgment affirms that our client remains
the responsibility of the UK under international law. The Government must now accept its responsibilities and seek the return of Mr Rahmatullah from US detention, under the terms of its agreements with the United States, and present him to the UK Court and secure his release from detention."
Yet again, concern at the possible American reaction appears to permeate government decision-making. Such concern informs aspects of the government's recent green paper on Justice and Security.
In modern times, the use of the writ is relatively rare. The jurist Albert Venn Dicey considered that habeas corpus was "for practical purposes worth a hundred constitutional articles guaranteeing individual liberty"
Throughout the history of habeas corpus, there have been occasions when governments have suspended its use: arguably at times when it was most needed. This has occurred in England (e.g. 1745) and also in the USA where both Presidents Lincoln and Bush obtained the suspension of the remedy. In the USA, as recently as 2008, there was the case of Boumediene v Bush. Furthermore, issues continue in the USA to this day.
A very useful analysis of Habeas Corpus is that of Gordon Nardell QC (39 Essex Street)- "Habeas Corpus: A human rights lawyer's perspective."
Addendum 16th December: Clive Stafford-Smith writing in The Guardian - " Yunus Rahmatullah: left in a Bragram black hole by US internecine politics" - 15th December.
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A writ of habeas corpus was issued by the Court of Appeal in the case of Yunus Rahmatullah - Law and Lawyers 14th December 2011. It now appears that the British Government has asked the United States to return him to British custody but the...
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Law and Rights
Habeas Corpus
The writ of habeas corpus (see BBC) has, for centuries, been available as a remedy against unlawful detention. The case of Yunus Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for Defence [2011] EWCA Civ 1540 illustrates the use of the writ to seek the return to the United Kingdom of a prisoner held, unlawfully, at Bagram, Afghanistan. See also Reprieve. and also the comments by solicitors Leigh Day & Co. who indicate that -
"The application was strongly resisted by the UK government, which argued that Mr Rahmatullah was no longer in its control and that it was improper of the Court to interfere with its relationship with the US authorities."
"This judgment affirms that our client remains
the responsibility of the UK under international law. The Government must now accept its responsibilities and seek the return of Mr Rahmatullah from US detention, under the terms of its agreements with the United States, and present him to the UK Court and secure his release from detention."
Yet again, concern at the possible American reaction appears to permeate government decision-making. Such concern informs aspects of the government's recent green paper on Justice and Security.
In modern times, the use of the writ is relatively rare. The jurist Albert Venn Dicey considered that habeas corpus was "for practical purposes worth a hundred constitutional articles guaranteeing individual liberty"
Throughout the history of habeas corpus, there have been occasions when governments have suspended its use: arguably at times when it was most needed. This has occurred in England (e.g. 1745) and also in the USA where both Presidents Lincoln and Bush obtained the suspension of the remedy. In the USA, as recently as 2008, there was the case of Boumediene v Bush. Furthermore, issues continue in the USA to this day.
A very useful analysis of Habeas Corpus is that of Gordon Nardell QC (39 Essex Street)- "Habeas Corpus: A human rights lawyer's perspective."
Addendum 16th December: Clive Stafford-Smith writing in The Guardian - " Yunus Rahmatullah: left in a Bragram black hole by US internecine politics" - 15th December.
- Uk Supreme Court ~ More Iraq / Afghanistan Litigation
Updated 3rd February: Over the four days 1st to 4th February, a bench of nine Justices of the Supreme Court heard two cases arising out of British military involvement in Iraq and Afghanistan. The cases are: Abd Ali Hameed Al-Waheed v Ministry of...
- Othman - High Court Ruling
Judgment has been given in R (Othman) v Special Immigration Appeals Commission and others [2012] EWHC 2349 Admin (Hughes LJ and Silber J). The claimant is in immigration detention pending deportation. On 31 July the court heard, expedited, Othman's...
- News And Views: A Selection
A Northern ViewpointUpdated 24th February ... and 1st March 2012 Without doubt, recent weeks have produced some fascinating legal material and law-related stories. Here are some of them. Habeas Corpus - The Court of Appeal has discharged the Secretary...
- Habeas Corpus No. 2
A writ of habeas corpus was issued by the Court of Appeal in the case of Yunus Rahmatullah - Law and Lawyers 14th December 2011. It now appears that the British Government has asked the United States to return him to British custody but the...
- Stories Of The Day As Thoughts Turn To Christmas 2011
James Tissot - The Journey of the MagiThe Supreme Court: Two new justices have been named. They are the Scottish Judge Lord Reed and Lord Justice Carnwath. Their appointments are consequent upon the death in June 2011 of Lord Rodger...