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Date: April 29, 2024 Mon

Time: 11:09 pm

Results for evidence (u.k.)

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Author: Amnesty International

Title: Left in the Dark: The Use of Secret Evidence in the United Kingdom

Summary: Over the past decade, there has been an ever increasing reliance on secret evidence by the UK government in the name of national security. Amnesty International believes that this growing resort to secrecy undermines basic standards of fairness and open justice, can result in violations of the right to a fair trial and the right to effective remedy for victims of human rights violations, as well as contributing to failures by the UK to meet its obligations to hold those responsible for human rights violations to account and to refrain from sending people to a real risk of serious human rights violations at the hands of another state. This report examines the increased use of what is described as a “closed material procedure”, which allows the government to rely on secret evidence presented to the court behind closed doors, in a range of non-criminal judicial proceedings in the UK. Closed material procedures are usually invoked in cases involving persons suspected of terrorismrelated activity. Such a procedure allows a court or tribunal to sit in a closed (i.e. secret) hearing in order to consider material presented by UK authorities. Closed material is information that the government claims would be damaging to national security or otherwise harmful to the public interest if it were to be disclosed. This material is withheld for the entire case (and indeed perhaps forever) from the individual(s) whose interests are at stake in the case, her/his lawyer of choice, and the public, none of whom has access to the closed hearing.1 As a result of their exclusion from the closed hearing, they do not know the content of that material, even though the court can rely on it to determine the facts and outcome of the case. “Closed material” is essentially a form of secret evidence and marks a radical departure from what traditionally are understood to be basic requirements of fairness in civil and criminal procedures.

Details: London: Amnesty International Publications, 2012. 57p.

Source: Internet Resource: Accessed October 19, 2012 at: http://www.amnesty.org/en/library/asset/EUR45/014/2012/en/546a2059-db83-4888-93ba-8b90cc32a2de/eur450142012en.pdf

Year: 2012

Country: United Kingdom

URL: http://www.amnesty.org/en/library/asset/EUR45/014/2012/en/546a2059-db83-4888-93ba-8b90cc32a2de/eur450142012en.pdf

Shelf Number: 126758

Keywords:
Evidence (U.K.)
National Security
Terrorism
Trials