Nosemonkey's EUtopia

In search of a European identity

Detention without trial

Hang on – detaining someone without trial is illegal? Well who’d have thought it?

Article 11
1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(The United Nations’ Universal Declaration of Human Rights to which, the last time I checked, the UK remains a signatory)

Alternatively (.pdf),

Article 6 – Right to Liberty and Security
3. Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial.

(The Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms, to which the UK was also, last time I checked, a signatory)

2 Comments

  1. This is just from what I vaguely remember, but I believe that there is a get out clause on grounds of national security/state of emergency etc.

    I think this was one of the tactics used to try to stop the detentions, but it was not allowed in the courts.

  2. "…charged with a penal offence…"

    As opposed to locked up without charge, I suppose. Cunning, ain't they?