New law pledge after terror assets freeze overturned

News in pictures
News in pictures
On Facebook
From the blogs

HIV orphans in Thailand prepare for the future

In Baan Gerda, a community for HIV infected or affected youngsters in Northern Thailand, a group of ...

Online House Hunter: England’s most romantic places

Our Online House Hunter goes in search of romance this Valentine's Day...

Roy Hodgson for England: A club of one

To argue against Harry Redknapp for England is akin to arguing in favour of bankers bonuses. While s...

Time for a reality check on the Sri Lankan civil war

Sri Lanka, much like Britain, has side-lined accountability long enough.

The Government promised new "fast-track legislation" after the Supreme Court today overturned a Treasury assets freeze on suspected terrorists.

A panel of seven justices allowed a challenge by five men who had all their assets frozen under orders made when Gordon Brown was Chancellor of the Exchequer.



The 2006 orders were in response to UN Security Council resolutions calling for steps to be taken to hit the financing of international terrorism.



But the orders were not voted on in Parliament. Today the Supreme Court ruled the Treasury had exceeded its powers and the orders were unlawful.



The justices declared that if the Government considered "far-reaching measures" were necessary to combat terrorism, "it must first obtain approval for them from Parliament".



Later a Treasury spokesman said: "The Government is committed to maintaining an effective, proportionate and fair terrorist asset-freezing regime that meets our UN obligations, protects national security by disrupting flows of terrorist finance, and safeguards human rights.



"It's important to be clear that this ruling does not challenge the UK's obligations under the UN Charter to freeze the assets of suspected terrorists, which we will continue to meet.



"We will introduce fast-track legislation to ensure there is no disruption to our terrorist asset freezing powers."











High Court judge Mr Justice Collins initially outlawed the Treasury's powers as "unfair" and a breach of fundamental rights, but was later overruled by the Court of Appeal.

Today the Supreme Court, the highest court in the land, agreed with Mr Justice Collins and said the orders must be quashed.



The panel of justices included Lord Phillips, Lord Hope, Lord Rodger, Lord Walker, Lady Hale, Lord Brown and Lord Mance.



The justices said the orders placed very severe limitations on the ability of persons who had been designated terror suspects to deal with their property.



They had an extremely grave effect on an individual's freedom of movement, liberty and private life - and also the liberty of their families and associates.



Lord Hope said: "Even in the face of the threat of international terrorism, the safety of the people is not the supreme law.



"We must be just as careful to guard against unrestrained encroachments on personal liberty."



Conferring an unlimited discretion on the Government as to how the UN resolutions should be implemented was "wholly unacceptable" and "conflicts with the basic rules that lie at the heart of our democracy".



Lord Phillips, president of the court, said: "Nobody should conclude that the result of these appeals constitutes judicial interference with the will of Parliament.



"On the contrary, it upholds the supremacy of Parliament in deciding whether or not measures should be imposed that affect the fundamental rights of those in this country."



The judges allowed an application by the media for the right to name the five applicants, who have previously been the subjects of anonymity orders.



They are Mohammed al-Ghabra, Hani el Sayed Sabbaei Youssef, Michael Marteen - formerly known as Mohammed Tunveer Ahmed, Mohammed Jabar Ahmed and Mohammed Azmir Khan.



More than 50 people living in Britain are believed to be on the Treasury sanctions list.



They all have to apply to the Treasury for permission to spend money, even on groceries, and anyone who provides them with "an economic resource" is liable to criminal proceedings and a jail sentence.



After today's ruling, James Welch, legal director for human rights campaigners Liberty, said: "Attacking terrorist finance is incredibly important to public safety but any asset-freezing regime should allow fair hearings and proper appeals.



"It is also important that in freezing suspect's assets, the authorities don't leave them destitute or put family members at risk of prosecution for providing basic food and shelter."

Independent Comment
blog comments powered by Disqus
Career Services

Day In a Page

Apple admits it has a human rights problem

Apple admits it has a human rights problem

After years of complaints and workers' suicides in China the technology giant faces up to the human cost of its gadgets
Peter Moore: 'I feel guilty I'm the only one alive'

Peter Moore interview

'I feel guilty I'm the only one alive'
Sellafield faces nuclear option as overspending threatens plant's future

Sellafield faces nuclear option

Overspending threatens plant's future
Israel blames Iran for embassy bomb attacks

Israel blames Iran for embassy bomb attacks

Tehran rejects Netanyahu's 'lies' after diplomats in India and Georgia targeted
Former manager enjoying Apoel crack at the big time

Tommy Cassidy interview

Former manager enjoying Apoel crack at the big time
James Lawton: Patience may not be a virtue this time, Roman – Andre Villas-Boas looks all at sea

James Lawton: AVB looks all at sea

Abramovich's visits to training reinforce the idea of a coach feeling pressure from above and below
The 10 Best sledges

The 10 Best sledges

Not all of them require snow...
Procrastination: Not now – I'm busy

Procrastination: Not now – I'm busy

Confronting the real reasons for puttting things off can help us beat it
Fun in the sunset years

Fun in the sunset years

A new movie follows retirees moving to India for low-cost care and a culture of respect for the elderly. For many Britons, it's already a reality
Picture preview: Lucian Freud drawings

Lucian Freud drawings

Picture preview
Silent revolution at the Baftas as the French take top awards

Silent revolution at the Baftas

The Artist wins in seven categories, with Meryl Streep the other big success story
Whitney Houston: The diva who had – and lost – it all

The diva who had – and lost – it all

Nick Hasted charts the highs and lows of Whitney Houston's life
How Picasso won over (some of) the British

How Picasso won over (some of) the British

Winston Churchill and Evelyn Waugh hated his work, but Picasso provided inspiration for a whole generation of UK artists
Topshop: A Decade Of Design

Topshop: A Decade Of Design

When London Fashion Week starts on Friday, Topshop will celebrate 10 years backing its brightest young stars
John Prescott: 'My wife thought I'd just retire, but I'm not a slippers man'

'My wife thought I'd just retire, but I'm not a slippers man'

At 73, John Prescott isn't mellowing. In fact he's taking a shot at becoming a police commissioner