Important Judgement on Fair Trial Rights in Civil National Security Proceedings

The Employment Appeal Tribunal in Tariq v Home Office has decided that the right to a fair trial requires that in national security proceedings the government provide the Claimant with sufficient detail of the allegations against him so that they can be challenged effectively.

The Grand Chamber of the European Court of Human Rights ruled in A v the United Kingdom (Case No 3455/05) that Article 6 fair trial principles were applicable in Special Immigration Appeal Commission procedures used to detain suspected terrorists without trial. The House of Lords extended these principles to the government's Control Order regime in Secretary of State for the Home Department v AF and others [2009] UKHL 28. Tariq v Home Office (EAT/0168/09/DA) extends this principle further to the national security and Special Advocate procedure in cases of alleged discrimination against government workers.

Paul Troop, acted for Mr Tariq in the case.

The judgement is available at:

http://www.employmentappeals.gov.uk/Public/Upload/09_0168rjfhLBDA.doc

[Image] News