HASSAN v. THE UNITED KINGDOM – JUDGMENT
55
occupation or of active international armed conflict, the four Geneva
Conventions were applicable.
109. The Court refers to the findings of fact which it made after analysis
of all the available evidence (see paragraphs 47-57 above). In particular, it
held that Tarek Hassan was found by British troops, armed and on the roof
of his brother’s house, where other weapons and documents of a military
intelligence value were retrieved (see paragraphs 51-54 above). The Court
considers that, in these circumstances, the United Kingdom authorities had
reason to believe that he might be either a person who could be detained as
a prisoner of war or whose internment was necessary for imperative reasons
of security, both of which provided a legitimate ground for capture and
detention (see Articles 4A and 21 of the Third Geneva Convention and
Articles 42 and 78 of the Fourth Geneva Convention, all set out in
paragraph 33 above). Almost immediately following his admission to Camp
Bucca, Tarek Hassan was subject to a screening process in the form of two
interviews by United States and United Kingdom military intelligence
officers, which led to his being cleared for release since it was established
that he was a civilian who did not pose a threat to security (see
paragraphs 21-24 above). The Court has also found that the evidence points
to his having been physically released from the Camp shortly thereafter (see
paragraphs 55-56 above).
110. Against this background, it would appear that Tarek Hassan’s
capture and detention was consistent with the powers available to the United
Kingdom under the Third and Fourth Geneva Conventions, and was not
arbitrary. Moreover, in the light of his clearance for release and physical
release within a few days of being brought to the Camp, it is unnecessary
for the Court to examine whether the screening process constituted an
adequate safeguard to protect against arbitrary detention. Finally, it would
appear from the context and the questions that Tarek Hassan was asked
during the two screening interviews that the reason for his detention would
have been apparent to him.
111. It follows from the above analysis that the Court finds no violation
of Article 5 §§ 1, 2, 3 or 4 in the circumstances of the present case.
FOR THESE REASONS, THE COURT,
1. Declares, unanimously, the complaints under Articles 2 and 3 of the
Convention inadmissible;
2. Holds, unanimously, that the applicant’s brother was within the
jurisdiction of the United Kingdom between the time of his arrest and
the time of his release from the bus that took him from Camp Bucca;
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