Counter terrorism powers challenged in high court

The man claims he was denied a lawyer to be present when detained, searched and questioned on returning from the Haj in 2012.

High court judges will be asked at a hearing to declare the practice unlawful.

The man was questioned for 45 minutes and threatened with arrest if he refused to answer. He says police asked him about how he paid for a trip to Saudi Arabia, which preachers he followed on the internet and whether he supported any political groups in Libya. He says he was also asked what mosque he prayed at and who with, and questions about his views on the UK government’s policies on the Middle East.

The analysis
While this hearing focusses on one small detail, there are widespread concerns about the range and use of schedule 7 powers, writes Simon Israel. It is, I believe, inevitable there will be changes. The highest court in the land, the supreme court, this week expressed more than just disquiet: “The power is not subject to any controls…detention of the kind provided for in the schedule represents the possibility of serious invasions of personal liberty.”

This issue is bound for European Court of Human Rights unless the government acts.

‘Lives at risk’

The man, who has asked not to be named, was a former member of the anti-Gaddafi Libyan Islamic Fighting Group and was subjected to an assets freeze for two years on allegations he was associated with al-Qaeda, claims he has always denied.

The Law Society has intervened in the case, seeking clarification of the rights of access to legal advice for anyone detained under the Schedule 7 counter terrorism powers.

The hearing takes place a week before the case of David Miranda comes before judges. Mr Miranda was detained and questioned for nine hours in August while in transit through Heathrow under Schedule 7 powers. His computer and other electronic devices were also confiscated by police.

The Home Office later claimed he was in possession of tens of thousands of classified UK intelligence documents leaked by former NSA employee Edward Snowden and that disclosure of those would ‘risk lives’.

The Metropolitan Police is also facing legal action from the Independent Police Complaints Commission for refusing to reveal details of a review into the use of such powers.

Community groups have complained that many innocent Muslims have been targeted.