20
AL-NASHIF v. BULGARIA JUDGMENT
95. In the Chahal case, the Court found that even if confidential material
concerning national security was used the authorities were not free from
effective judicial control of detentions. The Court attached significance to
the information that in other countries there were techniques which could be
employed which both accommodated legitimate security concerns about the
nature and sources of intelligence information and yet accorded the
individual a substantial measure of procedural justice.
96. In later cases (see for example Jasper v. the United Kingdom,
no. 27052/95, unpublished) the Court noted that following the Chahal
judgment and the judgment in the case of Tinnelly v. the United Kingdom
(10 July 1998, Reports 1998-IV) the United Kingdom had introduced
legislation making provision for the appointment of a “special counsel” in
certain cases involving national security (Special Immigration Appeals
Commission Act 1997, and the Northern Ireland Act 1998).
97. Without expressing in the present context an opinion on the
conformity of the above system with the Convention, the Court notes that,
as in the case of Chahal cited above, there are means which can be
employed which both accommodate legitimate national security concerns
and yet accord the individual a substantial measure of procedural justice.
98. In the present case, however, Mr Al-Nashif was not provided with
elementary safeguards and did not enjoy the protection required by
Article 5 § 4 of the Convention in cases of deprivation of liberty.
There has therefore been a violation of Article 5 § 4 of the Convention.
III. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
99. All three applicants complained that there had been an arbitrary
interference with their right to respect for their family life contrary to
Article 8 of the Convention which provides:
“1. Everyone has the right to respect for his ... family life ...
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”