London: Two British government orders to freeze the assets of people suspected of having links to terrorists were unlawful, a judge ruled today.
The High Court accepted an appeal arguing that the orders issued by the Treasury under anti-terrorism laws were flawed because they bypassed Parliament.
The ruling came in a case brought by five people designated as A, K, M, Q and G suspected of facilitating acts of terrorism. None have been charged with a crime.
The orders to freeze assets were made through Orders in Council, which are simply presented to Parliament and become effective the next day.
High Court Justice Andrew Collins ruled that the procedure was not lawful, though he said the order could have been made in other ways.
"In my view, it is essential that Parliament considers the way in which what is required should be achieved," Collins said.
The Terrorism (UN Measures) Order 2006 and the 2006 Al-Qaida and Taliban (UN Measures) Order were made under Section 1 of the 1946 United Nations Act to implement resolutions of the UN Security Council.
Some 70 suspects currently are listed and bank accounts containing about USD 1 million have been frozen.
The judge stressed that he was not saying that orders to freeze assets could not be made to comply with UN resolutions.
Lawyers representing the five men said the ruling showed "that the government is willing to sacrifice the fundamental rights and liberties of its citizens including the fundamental constitutional right that only Parliament can take away basic freedoms when they think it convenient to do so."
Source :
PTI