UK Afghan detention ruled unlawful

Written By Unknown on Jumat, 02 Mei 2014 | 19.21

2 May 2014 Last updated at 12:49

The detention policy adopted by UK forces in Afghanistan is unlawful, the High Court has said.

Serdar Mohammed, who was held in 2010 on suspicion of being a Taliban commander, is seeking damages for alleged breaches of his human rights.

The ruling centres on his detention for more than 100 days on UK bases.

The Ministry of Defence said the decision could hamper the security of troops on the ground and that it would appeal.

Mr Mohammed's lawyers successfully argued in court that his rights were breached under the European Convention on Human Rights (ECHR).

The judge, Mr Justice Leggatt, said Mr Mohammed's arrest and initial detention for 96 hours had been lawful but it had then been unlawful to hold him on UK military bases for a further 106 days.

Mr Justice Leggatt said decisions were "made to adopt a detention policy and practices in pursuit of military objectives which went beyond the legal powers available to the UK".

British forces have detained hundreds of people throughout the conflict in Afghanistan and the decision could open the door to hundreds of claims against the Ministry of Defence.

Speaking after the ruling, Defence Secretary Philip Hammond said: "It cannot be right for the ECHR to apply on the battlefield, restricting the ability of our troops to operate in combat."

He said if the appeal was unsuccessful, the government would "examine other options open to us".

Chief of the Defence Staff, General Sir Nicholas Houghton said: "The judgement is one which causes me operational concerns. It sits within a wider context where legal and safety issues, conceived for civilians in peace time, are being applied in an operational context."


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