A v Secretary of State for the Home Department (No 2)

The case of A v Secretary of State for the Home Department (No 2) involved a group of appellants who were certified and detained under the Anti-terrorism, Crime and Security Act 2001. They appealed to the Special Immigration Appeals Commission (SIAC) against their certification, arguing that evidence which had or may have been procured by torture inflicted by foreign officials without the complicity of British authorities should not be admissible. The central issue before the House of Lords was whether SIAC could receive such evidence when hearing an appeal under section 25 of the Act. The appellants argued that the common law, the European Convention on Human Rights, and public international law required the exclusion of such evidence. The Secretary of State contended that SIAC could admit the evidence, as there was no legal obligation to exclude it. The House of Lords considered the arguments from various legal sources and ultimately decided that SIAC should not admit evidence obtained through torture. The court held that while the executive could use information obtained through torture for national security purposes, the judicial process must uphold the integrity of the rule of law and exclude such evidence. The House of Lords allowed the appeals and directed SIAC to exclude evidence obtained by torture, ensuring the protection of human rights and the rule of law in the United Kingdom.