Blunkett pressed over terror suspects

Blunkett says public safety comes first

Terrorist suspects being held without trial should be detained separately from convicted prisoners, according to an independent review.

In his review of the emergency powers, Lord Carlile said the 13 men now held under the emergency anti-terror laws should have greater freedom despite the high security around them.

The peer said Home Secretary David Blunkett had properly detained the suspects.

But he stressed suspects should not have to wait until legal challenges to the system are complete before they have their appeals heard.

The anti-terror laws were passed in December 2001, with the promise of an independent review designed to reassure sceptics.

'Convicted' notices

Lord Carlile, who was barrister to royal butler Paul Burrell in his collapsed court trial, visited both jails used to hold the terror suspects: Belmarsh in south London and Woodhill, near Milton Keynes.

He spoke to all but one of the eight suspects detained at the time and was worried that two of them had the word "convicted" outside their cell doors.

"As they have not been charged with any offence, this description could hardly be less accurate, and was removed at my request," said Lord Carlile in his detailed report.

Carlile heard suspects' complaints

The peer told how all of the men complained they were treated the same as men convicted of the worst crimes and locked up alongside such men.

"Some have complained for worse treatment, including the use of solitary confinement, restricted opportunities to contact family, and insensitivity to religious observance," he continued.

The men could fraternise with each other, something not necessarily allowed in other countries, but their position was "unenviable".

"All told me of the real and, in my view, understandable difficulty of dealing with incarceration without either trial, conviction or an indication of when if ever it would come to an end," said Lord Carlile.

More freedom?

Some of them had even argued they were worse off than prisoners with life sentences, who at least knew when they were due to be released.

The Liberal Democrat peer argued the suspects could be held in a "separate, secure environment with greater internal freedom of association and activity".

He pointed to the example of the former Maze prison in Northern Ireland, where paramilitary prisoners used to be held.

Prison surroundings are not the issue, say liberty groups

The home secretary and the director-general of the Prison Service have told Lord Carlile they are looking for somewhere where the suspects could be held separately, if possible.

For his review, the QC was able to see the secret material used by Mr Blunkett to decide whether people should be detained as international terrorist suspects.

He concludes: "In every case I was entirely satisfied that the criteria were met."

He was far less certain that the suspects could be linked precisely to a particular terrorist group.

Law change

Critics have argued the anti-terror laws are drawn too wide, especially as they cover people with "links" to international terrorists.

They say that term could be interpreted to include a terrorist's wife, for example.

Lord Carlile said such concern was understandable and the legislation should be changed to cover instead those who "support or assist an international terrorist group".

The anti-terror laws have been challenged in the courts - a battle which could still go to the House of Lords.

"Substantive hearings" of appeals for those detained have been put off until the court challenge is settled.

'Missing the point'

But Lord Carlile suggested the hearings should begin soon, rather than waiting what could be "many months" for the court decision.

Mr Blunkett said he would be giving the review recommendations "full consideration".

The home secretary added: "The government's paramount responsibility is to ensure public safety and national security."

Civil rights group Liberty accused Lord Carlile of missing the point of concerns about the suspects' detentions.

Liberty director John Wadham said: "It's true that they shouldn't be treated like convicted murderers - but that's about more than the furnishings of a prison cell...

"They should either be charged and tried, or released."