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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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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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

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handle this type of situation. The clear shift of the surveillance and the security is preferred with
theoretical coordinates. Hence there have always been the situation of counter acting with
violence and oppression which has resulted in the violation of the human rights. The author
suggests that there was a shift in “enemy criminal law” to the replacement of the “citizens
criminal law”, which marks the evolution of the change in perspective and also change in the
outcome of the investigation and the need and effort that was put forward by the government to
counter the terrorist activities. The increase in the public influence of their interest in the
governmental associations and its activities towards the countering of the terrorists made the
government vulnerable to them and hence the government couldn’t function as it wanted because
a lot of people started to criticize the government of its activities. The people’s choice became
more important as their rights and freedom were shortened. And most of the citizens unwanted
harassment that was very much disturbing to them. Also the government’s obsession to curb the
terrorist activities seemed to be reaching heights and sometimes it affects the economy and the
status of the country as well affecting its citizens. All these were highlighted in the paper along
with possible measures that could have been taken by the government. Even the foreigners who
started visiting the country also became victims of their suspicion. Hence they were also
harassed and kept under strict watch, as chances of the terrorists from foreign countries is the
main threat.
Walker, C. (2016). HUMAN RIGHTS AND COUNTERTERRORISM IN
THE UK.
The research is based on the position of terrorism in UK. It discusses about the various
means of how to deal with terrorism and how to counter it. Various policies are put forward
along with the mentioning of the choices that has to be made in corresponding legal regimes,

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ranging from the various rules of war and legal states of emergency, with the nuanced versions
of criminal justice.
In countering terrorism the Human Rights Act, support the three institutional
mechanisms- Strasburg proofing, Parliamentary scrutiny, and judicial review casing a lower rate
of deference. The paper suggests that the European Convention on Human Rights and
Fundamental Freedoms (1950), should always be treated legally used and should tightly
scrutinize within the domestic sphere. The violation of the human rights should be noticed and
should be checked finally if there is detention without trial, rendition or otherwise. The arresting
of the terrorists and the maintaining them in secure facilities is a very challenging factor in UK,
as reported in the research paper. Thus the factor of countering terrorists is an important and also
a needful factor for UK. Even though several steps have been taken to curb the terrorist
activities, especially to deal with the criminal activities and also to maintain the peace among the
nation. But the challenges that the government faced was that due to maintain the public policies
but due to maintain of these the terrorist activities couldn’t be controlled properly. Therefore the
government took steps like, tapping of phone calls, intercepting various modes of
communication and contacts. This somehow made the government officials and the federals
aware of any mode of progression or give heads up or catch a lead, thus it was helpful and the
measure successfully provided the cause. Another measure was taken, that is exercising the
power of the police. The police were ordered to stop and question at will if they found something
suspicious or felt like asking. This made the terrorist groups aware of their activities and this
somehow controlled their activities. But the situation of the innocents became worse they were
harassed frequently due to suspicion. Even this somehow evoked them for voicing against the
government in objection of the violating if their human rights. Even various people were held in

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custody and detained even if they were not found guilty. It was just done to instill fear and make
people of the present situation. This only made the situation problematic.
Mythen, G., & Khan, F. (2016). Futurity, Governance and the Terrorist Risk:
Exploring the Impacts of Pre-emptive Modes of Regulation on Young
Muslims in the UK.
The paper focuses on the position of the popular metropolitan cities that have
experienced massive terrorist attacks, and having the practices and also having he political values
of young Muslims, who are getting involved the terrorist attacks. And if steps are taken then the
human rights are also violated as the they haven’t crossed the age to be put to detention and also
to be arrested therefore the terrorists are taking advantage of this situation and continuously
using the easy targets that is the younger who are easily to manipulate and also are more less safe
to not to expose them.
The paper brings up the revision of certain clause that has been put forward for the
human rights situation. The revised edition proposes to arrest certain suspicious terrorists, but
that too has a restriction that has to be maintained which is without charge they can be kept for
90 days at most. The situation of the terrorist attacks have taken into account by the government
of the countries, and the governments are working against countering this type of situation. There
have been severe cases that was put forward in the research work. Some steps that were
previously taken for counter-terrorism was the granting and passing of preventive terrorist act
bills by the legislation. Though some of that was introduced by the New Labor was criticized, it
was violation g the public relations and also in the definition of terrorism was changing which
ultimately came to be noticed as imprecise. The control orders are used unjustifiably and also the

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preventive measures became corrupted and violent. Hence it hardly was different from the
terrorist activities, hence the need of the preventive measures is sought in the research work.
Also there are other controversial and problematic clauses that were put forward, like the other
controlling orders and the glorification of putting an end to terrorism. Regarding the civil rights
of the Muslim community groups have expressed severe concerns as it has become unfair for
their community and that they felt targeted. The partiality among the Muslim community was
very distinctive and also very exposing.

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References:
Muzi, L. (2017). Law on Terrorism: The UK, France and Italy Compared.
Mythen, G., & Khan, F. (2016). Futurity, Governance and the Terrorist Risk: Exploring the
Impacts of Pre-emptive Modes of Regulation on Young Muslims in the UK.
Sanger, A. (2017). UK GOVERNMENT CANNOT HIDE FROM COMPLICITY IN HUMAN
RIGHTS ABUSES. The Cambridge Law Journal, 76(2), 223-227.
Walker, C. (2016). HUMAN RIGHTS AND COUNTERTERRORISM IN THE UK.