The High Court has ruled that the procedural protections under Article 6 apply to a challenge to conditions imposed on suspected Al- Qaeda affiliate
In 2018, the Secretary of State applied for a Temporary Exclusion Order on the claimant, QX, for two years on grounds of national security. QX applied for a review of two of the obligations imposed on him after his return to the UK: having to report daily to a named police station and attending weekly mentoring sessions. QX brought legal proceedings on the basis that the reporting and mentoring requirements interfered with his Article 8 rights and engaged the fair trial requirements under Article 6.
The High Court held that the case did engage Article 6 and that the obligations were sufficiently onerous to interfere with the right to private life under Article 8. However, the judge ruled that it would be premature to definitively rule on whether Article 6 had been breached in this case as this was a question which would be better left to or at the substantive hearing.