Detention Without Trail or Warrant Assessment 2022

Running head: DETENTION WITHOUT TRAIL OR WARRANT
DETENTION WITHOUT TRAIL OR WARRANT
Name of the Student
Name of the University
Author’s Note

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DETENTION WITHOUT TRAIL OR WARRANT
Sanger, A. (2017). UK GOVERNMENT CANNOT HIDE FROM
COMPLICITY IN HUMAN RIGHTS ABUSES. The Cambridge Law
Journal, 76(2), 223-227.
In 2017 the joint appeals of the Belhaj v Straw and Rahmatullah (No 1) v Ministry of
Defence [2017] UKSC 3, the government of UK was charged of violating the human rights, and
have been abused for breaching of the breaches of “peremptory norms” of “international law”.
This research completes an overview of the various allegations and also the abuses that have
been put on the Government of UK, judging by their way of functioning. The allegation had been
brought up by one of the political opponents of the “Gaddafi Regime” Mr. Belbaj and his wife
Mrs. Boudchar. They are of the opinion that British officials in assistance with USA kidnapped,
detained and tortured them in Malaysia and Thailand and again in Libya.
The paper reflects upon how the government of UK took advantage of the fact of arrest without
warrant and therefore they tortured and took severe steps and actions without any prior notice,
which violated the human rights of the accused. There have been miscommunication on the
behalf of the accused and there have been no warning or even any search or arrest warrant as
they were taken prisoners. Not only that they were tortured and taken into custody. They were
taken to Malaysia and Thailand and were tortured brutally. Even in Libya they severely had to
face consequences. Rahmatullah was one of the accused who was also taken into custody and
without any prior notice by the UK forces. He was one of the respondent in the second appeal.
He was a Pakistani by nationality, he was detained by the UK forces in Iraq, later he was also
transported to the US custody. Not only that after that he was transferred to the Bagram Airbase
and was held captive for 10 years. He had to suffer all these years without any prior notice or

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DETENTION WITHOUT TRAIL OR WARRANT
having any legitimate cause for getting detained. The several issues have also been highlighted
like the reporting of the government officials and several and other departments regarding the
complexity and the abuses that previously was done: by the respondents. They have suffered
illegally and also were tortured out of reason, which severely violated their human rights. This
made them victims for the acts that violate human rights. Their consent was not taken into
account or acknowledged that will work in their favor. They felt a severe sense of helplessness.
Several steps have been taken that made the situation under control. Still there have been
disparity regarding the cases. The public cases has been revised and the implication of the
violation of the human rights has been looked into. The Supreme Court acknowledged the fact
and recognized the alleged conduct of the foreign states. The influence of the public policies by
the international laws are also taken into account. Nevertheless the case of Belhaj lead to a very
progressive and positive judgment, due to the reasoning of the foreign act of the state doctrine.
Muzi, L. (2017). Law on Terrorism: The UK, France and Italy Compared.
The author Laura Muzi has worked previously and also have expertise in the topic of
controlling terrorism. The author has researched the background and the field of terrorist
activities in the European countries of UK, France, and Italy.
The paper suggests the mentioning of the Terrorism Act of 2000, where it is clearly
mentioned that a person can be arrested on the ground of having reasonable suspicions of being a
terrorist. Which will be regardless of the person having committed any type of crime. This was
based on basically for the gathering of information against the terrorists as it was difficult to keep
track and also to note their activities therefore to curb the situation it was necessary to arrest
whoever was suspicious. But it also harmed the human rights and many innocent were arrested
and also detained. The project therefore repeatedly mentioned about bringing new measures to