United Kingdom Foreign Nationals Formerly Subjected to Indefinite Detention without Charge The issue of diplomatic assurances has also arisen in the context of the United Kingdom's attempts to develop alternatives to the indefinite detention of foreign nationals suspected of terrorism-related activity. Britain’s highest court, the Law Lords, ruled in December 2004 that the indefinite detention without charge or trial of foreigners suspected of terrorism was incompatible with the U.K.’s Human Rights Act and the European Convention on Human Rights.198 As a result of the Lords ruling, the U.K. government announced a “twin track” set of alternatives to indefinite detention, 199 including recourse to “control orders” limiting the movement and activities of any person, foreigner or national, who is suspected of terrorist-related activities, and the use of diplomatic assurances to deport to their home countries foreign nationals who would be at risk of torture or ill-treatment upon return. The remaining foreign nationals in indefinite detention were released in March 2005, and immediately subject to control orders under the Prevention of Terrorism Act 2005.200 In its written submission to the Law Lords in the indefinite detention case, the government claimed that it had been “exploring the possibility of removing foreign nationals to states where there are fears of Article 3 treatment [sic]…with a view to establishing memoranda of understanding which could provide sufficient safeguards to allow return.”201 Charles Clarke, U.K. Home Secretary, made specific reference to the government’s on-going efforts to secure diplomatic assurances against torture when he 198 See, Human Rights Watch Press Release, “U.K.: Law Lords Rule Indefinite Detention Breaches Rights,” December 16, 2004 [online] http://hrw.org/english/docs/2004/12/16/uk9890.htm (retrieved February 28, 2005). Human Rights Watch and numerous intergovernmental and nongovernmental organizations had roundly criticized the U.K. for the indefinite detention provisions of its 2001 Anti-Terrorism Crimes and Security Act (ATCSA), passed in the aftermath of the September 11 attacks on the United States. See Human Rights Watch Briefing Paper, “Neither Just nor Effective: Indefinite Detention without Trial in the United Kingdom under Part 4 of the Anti-Terrorism, Crime and Security Act 2001,” June 24, 2004 [online] http://hrw.org/backgrounder/eca/uk/index.htm (retrieved February 28, 2005). 199 See, Hansard (House of Common Debates), “Measures to Combat Terrorism,” Statement of the Secretary of State for the Home Department (Mr. Charles Clarke), January 26, 2005, Column 307, [online] http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmhansrd/cm050126/debtext/5012604.htm#50126-04_spmin0 (retrieved February 28, 2005). 200 For Human Rights Watch’s critique of these alternatives, see Human Rights Watch Briefing Paper, “Commentary on the Prevention of Terrorism Bill 2005,” March 1, 2005 [online] http://hrw.org/backgrounder/eca/uk0305 (retrieved March 2, 2005). 201 A and Others v. Secretary of State for the Home Department, Case for the Secretary of State [submission to House of Lords], September 13, 2004, p. 10, footnote 2. 67 HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)