Lawyer Fahad Ansari Boycotts the Secret Court Process Ahead of High Court Hearing on unlawful border stop


London – Prominent human rights solicitor Mr Ansari has informed the High Court that he will boycott the UK’s secret court process, known as the Closed Material Procedure (CMP), in protest at what he describes as a “fundamentally unfair and unaccountable” system.
The decision comes ahead of a crucial High Court hearing today (Thursday 23 October) in Mr Ansari's judicial review against North Wales Police and the Home Secretary, following his detention under Schedule 7 of the Terrorism Act 2000 at Holyhead Port last August - an incident believed to be the first targeted use of Schedule 7 powers against a practising solicitor.
During that stop, counter-terrorism officers seized Mr Ansari’s work phone, which contains confidential and legally privileged client material accumulated over fifteen years of practice.
At today's hearing, the High Court will decide:
- Whether there should be a closed (secret) element to these proceedings;
- Whether permission will be granted for the judicial review to proceed; and
- Whether interim relief will be issued to prevent the police and other agencies from examining the contents of the phone pending judgment.
The hearing will be presided over by a judge who previously served as a Special Advocate in the Special Immigration Appeals Commission (SIAC) - and who, in that capacity, withdrew from a case over concerns about the inherent unfairness of the secret court system.
Mr Ansari’s refusal to participate in the closed process challenges the entire framework of secrecy that, he argues, undermines the rule of law, client confidentiality, and public accountability.
Mr Ansari explained his decision, saying:
“I refuse to participate in a fundamentally unfair process. I cannot trust a system where the British state's allegations and 'evidence' are kept secret from me, my lawyers and members of the public, and where any attempts to defend myself would only serve to feed the intelligence apparatus that is targeting both me and my clients. This is not about national security; it is about using a rigged system to harass lawyers like me who represent clients the state dislikes and would prefer were denied any legal representation whatsoever."
Anas Mustapha, Head of Public Advocacy at CAGE, said:
“Mr Ansari’s decision exposes a growing crisis of accountability in the UK’s justice system. The use of closed hearings and secret evidence has long eroded public confidence in due process - but for this to extend to the legal profession itself marks a dangerous new threshold. That this entire process was triggered by a Schedule 7 stop highlights how this mass surveillance tool is an all-pervasive power that enables the circumvention of due process at every level."
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