`Unfair` secret trials

Published
0

THE UK government is trying to create a new form of secret trial that would introduce 'fundamental unfairness' into the civil law, the court of appeal heard on Monday.

If successful, the government would be able to defend a case brought by seven men who say they suffered extraordinary rendition and torture without revealing the arguments or evidence against them.

Instead, the claim would be conducted by 'special advocates' — specially vetted lawyers appointed by the court who cannot discuss the case with their clients.

The men, who include the high-profile former Guantanamo Bay detainees Binyam Mohamed and Moazzam Begg, are claiming damages for their detention and mistreatment, accusing British security services of complicity.

In a three-day hearing that began on Monday, lawyers representing the claimants said the use of special advocates was fundamentally at odds with English legal traditions and principles. “This is very straightforward,” said Dinah Rose, representing five of the men including Mohamed. “This has never been allowed in the history of the common law.”

Civil trials have never been conducted in secret, experts say, although some aspects of cases have been kept private using a procedure known as public interest immunity.

The current hearing is to decide whether large parts of the security services' and government's defence can be kept secret from the former detainees, their lawyers and the public. The case comes after repeated criticisms by the courts of the use of secrecy and special advocates by the government.

“The special advocate procedure has served as a figleaf for fundamental unfairness,” Rose said. “The process looks like a normal trial and sounds like a normal trial but it is not a trial at all. It is something completely different.”

Lawyers representing the men say that introducing secrecy in the civil courts would also be impractical.

— The Guardian, London

Opinion

Editorial

Lagging behind
Updated 15 Oct, 2026

Lagging behind

The immediate task is to contain inflation and protect vulnerable households without reviving unsustainable subsidies or excessive demand.
India voter purge
Updated 15 Oct, 2026

India voter purge

Earlier, the BJP and its Hindutva cohorts could get away with trampling the rights of Indian Muslims, but now their shenanigans are not working.
Multan derailment
15 Oct, 2026

Multan derailment

IN numerous states, including many of Pakistan’s neighbours, rail transport is a safe and affordable mode of...
Narrative confusion
Updated 14 Oct, 2026

Narrative confusion

The centre must say clearly how long it intends it to last, what it hopes to achieve in that time, and how the province’s elected mandate will be restored.
El Niño’s long reach
14 Oct, 2026

El Niño’s long reach

THE extraordinary El Niño gathering strength in the Pacific could make 2026 the hottest year on record, with 2027...
Deeper poverty
Updated 14 Oct, 2026

Deeper poverty

PAKISTAN’S poverty crisis is far deeper than official indicators suggest. While the government celebrates economic...