Terrorist suspects kept in jail under 'draconian' ruling

Human rights campaigners accused the Government yesterday of entering "a new dark age of injustice" after judges ruled that 10 suspected terrorists who have not been convicted of any crime should remain in prison indefinitely.

The 10 men, most of whom have been in high-security jails for nearly two years, are being held under emergency powers introduced after the 11 September attacks in the United States. Lawyers for the Home Secretary need only to prove the Government had "reasonable grounds to suspect" the detainees had links with terrorism, a far lower requirement than the standard of proof needed to convict them in a criminal court.

Most of the hearings are closed to the public and the men are not allowed to hear all the evidence against them. Judges from the Special Immigration Appeals Commission (SIAC) said yesterday there was "sound material" to back David Blunkett's decision that the men were a risk to national security. Mr Justice Ouseley, SIAC's chairman, described the case against one, Jamal Ajouaou, as "compelling". Another detainee, known as D, was described as a "practised and accomplished liar". The panel said there was evidence that detainee G was a member of the terrorist group GIA and had helped Muslims travel to Afghanistan to train for Jihad and actively assisted terrorists with links to al-Qa'ida.

After rulings were delivered on the first five appeals, Gareth Pierce, the solicitor who represents detainees A, B and Mr Ajouaou, said: "Security has been chosen over due process and is a dangerous precedent for the future. Their ... continuing detention marks the entry of this country into a new dark age of injustice."

Lesley Warner, of Amnesty International UK, said: "Locking people up without charge or trial is a draconian measure which undermines hard won human rights protection in this country."

The suspects were interned under the Anti-terrorism Crime and Security Act. Under the Act, the men's lawyers are denied access to secret material the Government claims backs up the decision to detain them. That information is not tested in court because the Government has said it could compromise intelligence sources and national security. Instead, the Attorney General, Lord Goldsmith QC, has appointed "special advocates" who have been security-vetted by MI5 to act for the detainees. Mr Justice Ouseley said the judges did not feel the security services and the Government had held back any material unfairly. But he added: "Of course we are not in a position to know for sure."

To bring in the internment powers, Britain had to opt out of Article 5 of the European Convention on Human Rights, "the right to liberty and security", which bans detention without trial.Sixteen people have been detained under the Act.Two,including Mr Ajouaou, have chosen to leave Britain voluntarily, as allowed under the legislation. Six further appeals have yet to be heard.

Human rights campaigners said some of the evidence was obtained under torture of terrorist suspects at Guantanamo Bay and at another American base in Afghanistan. Mr Blunkett said the Act would be used "sparingly" and it sent a clear signal that Britain was a difficult place to plan terrorist attacks.

* A British national has been arrested in Pakistan on suspicion of links with Osama bin Laden's al-Qa'ida network. Tariq Mahmud, a father-of-two in his 30s from Birmingham, was seized in Islamabad by Pakistani and US intelligence.