Al-Jedda v Secretary of State for Defence [2010] EWCA Civ 758; [2010] WLR (D) 182
“The claimant’s right under Iraqi law not to be deprived of his liberty ‘except in accordance with the law and based on a decision by a competent judicial authority’ and his right not to be kept in custody ‘except according to a judicial decision’ were not infringed by his internment without trial until 30 December 2007 after arrest by British forces in Basra on 10 October 2004. The essence of the internee’s constitutional rights did not require that his detention be sanctioned by a judge either at its outset or on its continuation, but consisted rather in having the decision made by a person with judicial qualities.”
WLR Daily, 14th July 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
