Palestinian activist wins detention case

A Palestinian activist detained on the orders of Home Secretary Theresa May is entitled to damages after being unlawfully held for two days, a High court judge ruled today.

Sheikh Raed Salah, 52, leader of the Islamic Movement in Israel, managed to enter the UK despite being banned.



He flew to the UK on June 25 for a short visit for meetings and other public engagements, including at the Houses of Parliament.



Three days later he was detained at his west London hotel, handcuffed and taken to Paddington Green police station and held for a total of 21 days.



Today Mr Justice Nicol, sitting at the High Court in London, ruled that he was not given "proper and sufficient reasons" for his arrest on the 28th - "nor was he given them until some time on the 30th".



He was entitled to damages for wrongful detention during that period.



The Home Secretary served a deportation notice on the father of eight on the grounds that his presence in the UK was "not conducive to the public good".



Mrs May defended her action recently, saying she wanted to stop those who "encourage extremism" before it escalated to violence.









Mr Salah was eventually given bail on July 18. The amount of damages he will receive for the two days he was wrongly held have yet to be assessed.



The judge rejected his claim that his detention as a whole was contrary to the statutory power to detain and contrary to the Home Secretary's own policy on detention pending deportation.



Mr Salah is due to appeal in the near future against Mrs May's decision to deport him in separate proceedings before an immigration tribunal.



At a recent hearing in London, his QC, Raza Husain, argued that the Palestinian had been "confined without lawful authority" and his damages claim was "essentially one for false imprisonment".



Neil Sheldon, appearing for the Home Secretary, argued that Mrs May had acted reasonably and been legally entitled to order Mr Salah's detention pending deportation on the basis that his presence in the UK was not conducive to the public good.



PA

Start your day with The Independent, sign up for daily news emails
Arts and Entertainment
Ramsay Bolton in Game of Thrones
tvSeries 5, Episode 3 review
News
peoplePair enliven the Emirates bore-draw
Arts and Entertainment
tv
News
Britain's opposition Labour Party leader Ed Miliband (R) and Boris Johnson, mayor of London, talk on the Andrew Marr show in London April 26
General electionAndrew Marr forced to intervene as Boris and Miliband clash on TV
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA special investigation by Andy McSmith
  • Get to the point
2015 General Election
May2015

Poll of Polls

Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Genius: Hotel Reception Manager

£18750 per annum: Recruitment Genius: This Hotel in Chadderton is a popular ch...

Recruitment Genius: Designer

£32969 per annum: Recruitment Genius: This company is going through a period o...

Recruitment Genius: Data Engineer

£35000 - £55000 per annum: Recruitment Genius: A Data Engineer is required to ...

Ashdown Group: Senior Accounts Assistant - Accounts Payable - St. Albans

£26000 - £28000 per annum + benefits : Ashdown Group: Senior Accounts Assistan...

Day In a Page

Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

Not even the 'putrid throat' could stop the Ross Poldark swoon-fest'

How a costume drama became a Sunday night staple
Miliband promises no stamp duty for first-time buyers as he pushes Tories on housing

Miliband promises no stamp duty for first-time buyers

Labour leader pushes Tories on housing
Aviation history is littered with grand failures - from the the Bristol Brabazon to Concorde - but what went wrong with the SuperJumbo?

Aviation history is littered with grand failures

But what went wrong with the SuperJumbo?
Fear of Putin, Islamists and immigration is giving rise to a new generation of Soviet-style 'iron curtains' right across Europe

Fortress Europe?

Fear of Putin, Islamists and immigration is giving rise to a new generation of 'iron curtains'
Never mind what you're wearing, it's what you're reclining on

Never mind what you're wearing

It's what you're reclining on that matters
General Election 2015: Chuka Umunna on the benefits of immigration, humility – and his leader Ed Miliband

Chuka Umunna: A virus of racism runs through Ukip

The shadow business secretary on the benefits of immigration, humility – and his leader Ed Miliband
Yemen crisis: This exotic war will soon become Europe's problem

Yemen's exotic war will soon affect Europe

Terrorism and boatloads of desperate migrants will be the outcome of the Saudi air campaign, says Patrick Cockburn
Marginal Streets project aims to document voters in the run-up to the General Election

Marginal Streets project documents voters

Independent photographers Joseph Fox and Orlando Gili are uploading two portraits of constituents to their website for each day of the campaign
Game of Thrones: Visit the real-life kingdom of Westeros to see where violent history ends and telly tourism begins

The real-life kingdom of Westeros

Is there something a little uncomfortable about Game of Thrones shooting in Northern Ireland?
How to survive a social-media mauling, by the tough women of Twitter

How to survive a Twitter mauling

Mary Beard, Caroline Criado-Perez, Louise Mensch, Bunny La Roche and Courtney Barrasford reveal how to trounce the trolls
Gallipoli centenary: At dawn, the young remember the young who perished in one of the First World War's bloodiest battles

At dawn, the young remember the young

A century ago, soldiers of the Empire – many no more than boys – spilt on to Gallipoli’s beaches. On this 100th Anzac Day, there are personal, poetic tributes to their sacrifice
Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves

Follow the money as never before

Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves, reports Rupert Cornwell
Samuel West interview: The actor and director on austerity, unionisation, and not mentioning his famous parents

Samuel West interview

The actor and director on austerity, unionisation, and not mentioning his famous parents
General Election 2015: Imagine if the leading political parties were fashion labels

Imagine if the leading political parties were fashion labels

Fashion editor, Alexander Fury, on what the leaders' appearances tell us about them
Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

The architect of the HeForShe movement and head of UN Women on the world's failure to combat domestic violence