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A v Secretary of State for the Home Dept
''A and others v Secretary of State for the Home Department'' () UKHL 56 is a UK human rights case heard before the House of Lords. It held that the indefinite detention of foreign prisoners in Belmarsh without trial under the section 23 of the Anti-terrorism, Crime and Security Act 2001 was incompatible with the European Convention on Human Rights.
The case should not be confused with the case ''A v Secretary of State for the Home Department (No 2)'' () UKHL 71, which relates to the use of evidence obtained by torture in British courts.
==Facts==
The case began with 9 men who challenged a decision of the Special Immigration Appeals Commission to eject them from the country on the basis that there was evidence that they threatened national security.
Of the 9 appellants, all except 2 were detained in December 2001; the others were detained in February and April 2002 respectively. All were detained under the Anti-terrorism, Crime and Security Act 2001.〔http://www.lawbore.net/gotosite.php?id=1009〕 Part 4 of the Act provided for their indefinite detention without trial and deportation. However, the power was only applied to non-British nationals. Under section 25 of this Act, they had the right to appeal to the Special Immigration Appeals Commission against their detention.〔(House of Lords - A and others (Appellants) v. Secretary of State for the Home Department (Respondent) (2004)A and others (Appellants) and others v. Secretary of State for the Home Department (Respondent) (Conjoined Appeals) )〕
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