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April 25, 2008

Freezing assets without recourse to the law

As reported by the BBC, around 70 people in Britain have been, in effect, economically arrested without charge:

Mr Justice Collins said Orders in Council were not subject to the same Parliamentary scrutiny as normal legislation, each being laid before Parliament the day after it was made and coming into force the day after.

He said this was not the proper way to approach asset-freezing and that Parliament should step in.

He gave the Treasury leave to go to the Court of Appeal, delaying quashing the orders until then.

Jonathan Crow QC, for HM Treasury, had told him the UK government would be left in violation of a UN Security Council order were the orders to be quashed immediately.

The Treasury said the asset-freezing regime and individual asset freezes would remain in place pending the appeal.

A spokesman said the asset-freezing regime made an "important contribution" to national security by helping prevent funds being used for terrorism and was "central to our obligations under successive UN Security Council resolutions".

So it is possible to prevent someone from spending a penny of their own money, without charging them with a crime, and they have no recourse to law? Is this Britain or Soviet Russia during the purges? If the concern is that some of the money is going to be given to terrorists, then surely it would be enough to track the individuals' financial affairs without depriving them of their property? If they've committed no crime, the state should keep its grubby paws off!

Is this yet another move in the direction of enshrining precrime as the law of the land?

H/T to Guy Herbert writes:

The distinction between the legal order in Western democracies and the tyrannies of Stalinist Russia or modern China or the Arab gulf states, is often thought to be stark. In Britain in particular, we are complacent that 800 years of the common law will protect us against the overreaching power of state functionaries.

Today comes a case that shows this conceit to be ill-founded. It was already widely known that the Home Secretary would like the power to lock anyone up for seven weeks on her say-so. But it is not in effect yet, and is likely to be opposed in parliament. Who knew that the British state is already punishing 70 people with effective suspension of all their economic rights on mere accusation, by freezing their assets by Treasury order without any legal warrant or process?

Posted by Nicholas at April 25, 2008 12:37 PM
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