Living in the Shadows – Indefinite Detention in England

The following is a statement from a detainee who has been held under strict bail conditions (house arrest) without charge or trial for many years. The pain, anguish, and grief of his strict conditions are clear from his moving and poignant words, moreso at this time of Ramadan. He also outlines the bail conditions that he (and other SIAC detainees) are subjected to day after day, week after week, year after year. Reflect on his words, read the bail conditions and contemplate living such a life! How would you cope? Help HHUGS so we can help these men and provide them with a little relief and happiness. Donate today in this blessed month of Ramadan.

I am not a crying man. I was brought up like that. A man shouldn’t cry but the injustices, the suffering, the despair, the loneliness and the solitary life imposed on me makes me want to cry. However, there is no shoulder to cry on or help for me.   Everyone is busy with their own problems.

Ramadan is a time for reflection and action for Muslims towards their fellow human beings. Ramadan is a time for gathering, reunion, congregation, charity, mercy etc. This is the 4th  Ramadan I have spent in internal exile alone all the time for successive years. I am not able to pray in the mosque with the congregation. I am not allowed to break fast with others – always on my own. I am not allowed to invite or be invited. Attached are my 24/7 * bail conditions that SIAC (Special Immigration Appeals Commission) and the Home Office have imposed on me for being a detainee. The talk is of freedom and human rights in choosing life, religion etc. When you read these conditions you will know that I am worse than the slave in the past. Look at my situation – I think slavery is still to be abolished.

Some people think we deserve it. Others don’t believe that such things happen in this country. Well let me tell you that it is happening here right now – a minority (referred to as “a few individuals” by the Home Office and media) living under horrendous conditions imposed by SIAC and the Home Office. We “few individuals” have not been charged or convicted of any offence. We don’t even know the evidence held against us. If there is such evidence everything is secret; closed. Some of us have endured this life for 10 years – like the detainees in Guantanamo – our 10th  Ramadan suffering injustice.  

It is assumed that people are innocent until proven guilty but in our cases it is the complete opposite – we are guilty until we prove we are innocent because we are all Muslims who don’t have much help from our community.

IN THE SPECIAL IMMIGRATION APPEALS COMMISSION

Applicant

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (SSHD)

Respondent

ORDER FOR RELEASE ON BAIL

It is order that the applicant be released on bail to appear at SIAC as and when directed by SIAC on his own recognisance ( £nil), on condition that:

1. He shall permit himself to be fitted with and shall thereafter at all times wear an electronic monitoring tag (“the tag”). The Applicant shall permit himself to be fitted with the tag either in prison or at his home, or elsewhere directed by or on behalf of the SSHD and for those purposes and for the purpose of conveying him to his home, he shall accept the directions and control of those authorised by the SSHD to convey him there. The Applicant must not damage or tamper with teh tag, the tag monitoring equipment, and/or the telephone provided by the monitoring company (including the associated line).

2. He shall reside at _________ (“the residence”), and shall remain in the residence at all times save for a period of one hour between _______ and a further period of three hours between ______ on Saturday’s to Thursday’s. On Friday’s he shall remain in the residence at all times saved for a period of two hours between __________. “Residence”, in the case of a house, encompasses only the house and does not include any outside space associated with it. “Residence”, in the case of a flat, encompasses only that flat and, in particular, does not include any communal area either inside or outside to which any person not within the residence would have unrestricted access. Further, he may access the garden attached to his residence during the spring and summer months between the hours of _______ each day. This access to the garden will be reviewed on or before October 26th, as the hours of access to the garden will reduce once the days become shorter.

3. On Friday of every week, he shall be permitted to pray for one hour only _____ he will have a further suspension of his curfew between the hours of ______ to allow him to travel to the mosque, pray for an hour and return to the residence. This variation may only be used for attendance at the _____ Mosque and not for any other purpose.

4. He shall be permitted outside the residence between the hours set out above each day, subject to the marked boundary on the attached plan.

The route he is permitted to take to and from the mosque and the halal shop is marked out on the boundary map attached hereto and is to be used solely for the purpose of attending prayers and attending the halal shop. An approved route to the GP has also been marked out on the map but this is to be used only with the prior consent of the SSHD and SIAC following a request to attend any such appointment.

He may not at any time leave the area bordered by the boundary on the attached map (the width of the line itself is within the permitted area) and described above, without the prior consent of the SSHD.

5. He must report to the monitoring company by telephone on the first occasion he leaves the residence after each individual curfew period has ended and on the last occasion he returns to it before the end of each individual curfew period begins. For the avoidance of doubt, this will require six calls, to cover the two curfew breaks and the mosque visit, on Friday’s and four calls on the other days of the week.

6. He must report to the monitoring company by telephone on the first occasion he leaves the residence after each individual curfew period has ended and on the last occasion he returns to it before the end of each individual curfew period begins. For the avoidance of doubt, this qill require six calls, to cover the two curfew breaks and the mosque visit, on Friday’s and four calls on the other two days of the week.

6. He must permit entry to persons identifying themselves as police officers, representatives of the SSHD or of the monitoring company at any time to verify his presence at the residence and/or to monitor his compliance with the bail conditions imposed by SIAC. Such monitoring may include but is not limited to:

a) a search of the residence;
b) removal of any item to ensure compliance with the remainder of the conditions as imposed by SIAC;
c) inspection/medication or removal for inspection/medication of any article to ensure that it does not breach the   conditions imposed by SIAC;
d) permitting the installation of such equipment as may be considered necessary to ensure compliance with the conditions imposed by SIAC;
e) the taking of his photograph.

7. He does not apply for or have in his possession any travel ticket which would take him to an area outside that marked on the attached map, unless it be for the purpose of a visit to which SSHD has consented.

8. He shall not permit any person to enter his residence, save for:
a) His nominated legal representative;
b) In an emergency, members of the emergency services or health care or social work professionals;
c) Any person aged 16 or under;

He shall not permit any other individual to enter his residence except with prior approval of the SSHD. In relation to those other individuals, he must supply the name, address, date of birth, and identity photograph of the individual. The prior approval of the SSHD shall not be required for subsequent visits by an approved individual.

[Editor’s Note: 8 (c). “Any person aged 16 or under” is specific to this particular bail condition for a single man. Some of the men with children are not allowed any child in to their homes without vetting. Others are allowed children of 10 years or under into their homes without vetting. There is no consistency here.]

9. He shall not, outside of the residence:
a) meet any person by prior arrangement, other than:
(i) a person referred to in obligation (8) (a)-(c) above,
(ii) for health or welfare purposes at an establishment on a list provided to and agreed by the SSHD before his first visit,
(b) attend any pre-arranged meetings or gatherings (other than attending, but not leading, prayers at a mosque),
save with the prior agreement of the SSHD. For the avoidance of doubt, a meeting shall be deemed to take place outside of the residence if one or motre parties to it are outside of the residence.

10. Subject to 10 (c) below he shall not:
(a) Bring or permit into the residence or
(b) Use of keep (whether in or outside the residence, whether directly or indirectly)
(i) any computer whether or not it is capable of connecting to the internet; or
(ii) any communications equipment or equipment capable of connecting to the Internet or components thereof (including but not limited to mobile telephones, fax machines, pagers, computers, public telephone and/or internet facilities) or electronic storage devices (including but not limited to zip drives and/or USB pen drives) other than one fixed telephone line in the residence (other than the dedicated line maintained by the monitoring company). The telephone must on request be delivered up to a person authorised by the SSHD for inspection and approval prior to it being permitted into or to remain in the residence.
(c) It shall not be a breach of this condition to permit any person to bring into the residence a mobile communication device, including phones, provided that any such device remains switched off at all times, whilst he is also in the residence.

11. For the avoidance of doubt:
(a) He may not use any mobile communication device;
(b) He may not permit while he is in the residence any other person to use a mobile communication device in the residence;
(c) He may not use any computer or connect to or use by any means, directly or indirectly, the internet at any time;
(d) He may not permit any person to bring any computer into the residence; and
(e) He may not possess or use, whether inside or outside the residence, whether directly or indirectly, any computer or component thereof whether or not it is capable of connecting to the internet.
(f) He may not possess or use, whether inside or outside the residence, whether directly or indirectly, any photographic equipment.

12. He shall not maintain or use more than one account (“account” including amounts in which he has interest or over which he has any element of control). Such account must be held with a bank or other approved financial institution within the UK. The following information must be provided to a person authorised by the SSHD:

(a) details of a permitted account opened or closed subsequent to the release on bail, within 2 days of its opening or closing;
(b) statements of the permitted account on a monthly basis, to be provided within 7 days of their receipt.

13. He shall not have in his possession at any time any credit, debit or switch card not issued to him by the issuing bank or store in the name in which he is hereby bailed.

14. He shall not transfer, or arrange for others to transfer, any money, or send any documents or goods to a destination outside the UK (whether by himself or through an intermediary) without the prior consent of the SSHD.

15. He shall not buy, sell, or in any way procure, provide to others, or assist in procuring or providing to others, any form of communications equipment or computer equipment.

16. He shall surrender his passport, national identity card or any other travel document to a police officer or other persons authorised by the SSHD as soon as reasonably practicable and in any event no later than 24 hours after release on bail. He shall not apply for or have in his possession or available for his use of any passport, identity card, travel document(s) or travel ticket which would enable him to travel outside the United Kingdom.

17. He shall not commence any training course or academic study course provided by a third party, unless and until:
a) he has provided the SSHD with the following information at least 7 days prior to the commencement of the training course or academic study course:
(i) the name and address of his training course provider or academic study course provider;
(ii) the nature and location of his training course or academic study course;
(iii) if known, the date on which he expects the training course or academic study course to commence and the timing of the training course or academic study course; and
(b) he has received approval in writing form the SSHD for the training course or academic study course.

17.2. Where he is already undertaking a training course or academic study course provided by a third party, he must provide the SSHD within 7 days of notification of the imposition of this obligation with the details required under obligation 17(a). He must immediately cease his involvement in the training course or academic study course if he receives notification in writing from the SSHD to do so.

18. He must not take up any new employment unless and until:

(a) he has provided the SSHD with the following information:
(i) the name and address of his intended employer;
(ii) the nature and location of his work; and
(iii) if known, the date on which he expects the new employment to commence, and
(b) he has received approval in writing from the SSHD for the new employment.