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Human rights – Right to liberty and security. The important question raised by the instant case was whether the United Kingdom government had any right in law to imprison people in Afghanistan; and, if so, what was the scope of that right. The claimant, was captured by UK armed forces during a military operation in Afghanistan. He was imprisoned on British military bases in Afghanistan for some time when he was transferred into the custody of the Afghan authorities. The claimant claimed that his detention by UK armed forces was unlawful (a) under the Human Rights Act 1998 and (b) under the law of Afghanistan. The Queen's Bench Division held that his extended detention for a total of 106 days beyond the 96 hours permitted by policy was not authorised and was contrary to both Afghan law and the European Convention on Human Rights.
Human rights – Right to liberty and security. The important question raised by the instant case was whether the United Kingdom government had any right in law to imprison people in Afghanistan; and, if so, what was the scope of that right. The claimant, was captured by UK armed forces during a military operation in Afghanistan. He was imprisoned on British military bases in Afghanistan for some time when he was transferred into the custody of the Afghan authorities. The claimant claimed that his detention by UK armed forces was unlawful (a) under the Human Rights Act 1998 and (b) under the law of Afghanistan. The Queen's Bench Division held that his extended detention for a total of 106 days beyond the 96 hours permitted by policy was not authorised and was contrary to both Afghan law and the European Convention on Human Rights.
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