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The Afghan hijackers case was a series of United Kingdom judicial rulings in 2006 in which it was ruled a group of nine
Afghan Afghan or Afgan may refer to: Related to Afghanistan *Afghans, historically refers to the Pashtun people. It is both an ethnicity and nationality. Ethnicity wise, it refers to the Pashtuns. In modern terms, it means both the citizens of Afghanist ...
men, who had
hijack Hijack, Highjack, or High Jack may refer to: Film and television * ''Hijack'' (1973 film), an American television action film * ''Hijack!'' (1975 film), a British children's drama film * ''Hijack'' (2008 film), an Indian Hindi-language action f ...
ed an aircraft to escape the
Taliban , leader1_title = Supreme Leader of Afghanistan, Supreme leaders , leader1_name = {{indented plainlist, * Mullah Omar{{Natural Causes{{nbsp(1994–2013) * Akhtar Mansour{{Assassinated (2015–2016) * Hibatullah Akhundzada (2016–present) ...
, had the right to remain in the UK. The case provoked widespread political controversy and was questioned by large sections of the media, causing widespread condemnation by many newspapers (most notably ''
The Sun The Sun is the star at the centre of the Solar System. It is a massive, nearly perfect sphere of hot Plasma (physics), plasma, heated to incandescence by nuclear fusion reactions in its core, radiating the energy from its surface mainly as ...
''), and the leaders of both the Labour Party and the Conservative Party.
Prime Minister of the United Kingdom The prime minister of the United Kingdom is the head of government of the United Kingdom. The prime minister Advice (constitutional law), advises the Monarchy of the United Kingdom, sovereign on the exercise of much of the Royal prerogative ...
Tony Blair Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party (UK), Leader of the Labour Party from 1994 to 2007. He was Leader ...
called the ruling "an abuse of common sense",Timeline of Afghan hijacker case
BBC News, 2 August 2006
while the Conservative Party leader
David Cameron David William Donald Cameron, Baron Cameron of Chipping Norton (born 9 October 1966) is a British politician who served as Prime Minister of the United Kingdom from 2010 to 2016. Until 2015, he led the first coalition government in the UK s ...
pledged to reform British
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
legislation to prevent a recurrence of such situations.


Timeline of the case

On 6 February 2000, a group of nine
Afghan Afghan or Afgan may refer to: Related to Afghanistan *Afghans, historically refers to the Pashtun people. It is both an ethnicity and nationality. Ethnicity wise, it refers to the Pashtuns. In modern terms, it means both the citizens of Afghanist ...
men led by brothers Ali Safi and Mohammed Safi fleeing the
Taliban , leader1_title = Supreme Leader of Afghanistan, Supreme leaders , leader1_name = {{indented plainlist, * Mullah Omar{{Natural Causes{{nbsp(1994–2013) * Akhtar Mansour{{Assassinated (2015–2016) * Hibatullah Akhundzada (2016–present) ...
regime hijacked
Ariana Afghan Airlines Ariana Afghan Airlines Co. Ltd. () also known simply as Ariana, is the flag carrier and largest airline of Afghanistan. Founded in 1955, Ariana is state owned and the oldest airline in the country. The company has its main base at Kabul Interna ...
flight 805 a
Boeing 727 The Boeing 727 is an American Narrow-body aircraft, narrow-body airliner that was developed and produced by Boeing Commercial Airplanes. After the heavier Boeing 707, 707 quad-jet was introduced in 1958, Boeing addressed the demand for shorter ...
aircraft registration YA-FAY with 180 passengers and seven crew. Flight 805 was a domestic flight from
Kabul Kabul is the capital and largest city of Afghanistan. Located in the eastern half of the country, it is also a municipality, forming part of the Kabul Province. The city is divided for administration into #Districts, 22 municipal districts. A ...
to
Mazar-i-Sharif Airport Mazar-e-Sharif International Airport (, ''Maydâne Hawâyiye Mazâre Šarif''; ) , officially called Mawlana Jalaluddin Mohammad Balkhi International Airport, is located about east of Mazar-i-Sharif in northern Afghanistan, which is around 15 min ...
. The hijackers forced the crew to fly to
Stansted Airport Stansted Airport is an international airport serving London, the capital of England and the United Kingdom. It is located near Stansted Mountfitchet, Uttlesford, Essex, northeast of Central London. As London's third-busiest airport, Stan ...
in
Essex Essex ( ) is a Ceremonial counties of England, ceremonial county in the East of England, and one of the home counties. It is bordered by Cambridgeshire and Suffolk to the north, the North Sea to the east, Kent across the Thames Estuary to the ...
, England after stopovers in
Tashkent Tashkent (), also known as Toshkent, is the Capital city, capital and List of cities in Uzbekistan, largest city of Uzbekistan. It is the most populous city in Central Asia, with a population of more than 3 million people as of April 1, 2024. I ...
,
Aktobe Aktobe (, ; ) is a major city located on the Ilek River in western Kazakhstan. It serves as the administrative center of the Aktobe Region and is an important cultural, economic, and industrial hub in the region. As of 2023, the city has a popu ...
and
Moscow Moscow is the Capital city, capital and List of cities and towns in Russia by population, largest city of Russia, standing on the Moskva (river), Moskva River in Central Russia. It has a population estimated at over 13 million residents with ...
. The siege of the aircraft lasted until 10 February. They were convicted of
hijacking Hijacking may refer to: Common usage Computing and technology * Bluejacking, the unsolicited transmission of data via Bluetooth * Brandjacking, the unauthorized use of a company's brand * Browser hijacking * Clickjacking (including ''likej ...
and
false imprisonment False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is n ...
in 2001 and sentenced to five years imprisonment, but their convictions were quashed by the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
in 2003, because the trial judge's summing up made an error in law which might have misdirected the jury. The judge had advised that the defence of
duress Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to i ...
was only applicable if the defendants were under an actual objective threat, whereas the Court of Appeal ruled that in law the perception of a threat can be enough for the defendants to present duress as a defence. In 2004, a panel of adjudicators ruled that returning the men to
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...
would breach their
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
in accordance with the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
.
Home Secretary The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, maki ...
Charles Clarke Charles Rodway Clarke (born 21 September 1950) is a British Labour Party politician who held various Cabinet positions under Prime Minister Tony Blair from 2001 to 2006, lastly as Home Secretary from December 2004 to May 2006. Clarke was th ...
granted the men only temporary leave to remain in the United Kingdom. This would have placed restrictions on them, including not being able to work or obtain travel documents and being told where to live.Reid fights Afghan hijack ruling
BBC News, 31 July 2006
In 2006, Mr Justice Sullivan of the High Court, in ''S and Others v
Secretary of State for the Home Department The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, maki ...
'', ruled that it was unlawful under the 1971 Immigration Act to restrict the men's leave to remain in the United Kingdom, and ordered that they be granted "discretionary leave to remain", which entitled them to work in the United Kingdom. The
Home Secretary The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, maki ...
, John Reid, challenged the ruling in the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
, arguing that the Home Office "should have the power to grant only temporary admission to failed asylum seekers who are only allowed to stay in the UK due to their human rights". The Court dismissed the appeal on 4 August 2006.Reid loses Afghan hijack ruling
BBC News, 4 August 2006

006 Alec Trevelyan is a fictional character who is the main antagonist in the 1995 James Bond film ''GoldenEye,'' portrayed by actor Sean Bean. Bean's likeness was also used as the model for Alec Trevelyan in the 1997 video game '' GoldenEye 007' ...
EWCA Civ 1157


Controversy

Both major British political parties condemned the ruling.
Shadow Home Secretary In British politics, the shadow home secretary (formally known as the shadow secretary of state for the home department) is the person within the Official Opposition Shadow Cabinet (UK), shadow cabinet who shadows the home secretary; this effecti ...
David Davis said "these hijackers committed serious crimes which should make them incompatible with refugee status" and argued that the problem was of the Labour government's "own creation" due to their introduction of the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
.


See also

*
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...
*
Secretary of State for the Home Department The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, maki ...
*
Political asylum The right of asylum, sometimes called right of political asylum (''asylum'' ), is a juridical concept, under which people persecuted by their own rulers might be protected by another sovereignty, sovereign authority, such as a second country or ...
*
Refugee A refugee, according to the United Nations High Commissioner for Refugees (UNHCR), is a person "forced to flee their own country and seek safety in another country. They are unable to return to their own country because of feared persecution as ...
*
Afghan refugees Afghan refugees are citizens of Afghanistan who were forced to flee from their country as a result the continuous wars that the country has suffered since the Afghan-Soviet war, the Afghan civil war, the Afghanistan war (2001–2021) or either p ...


References


External links


Text of the Court of Appeal ruling
{{DEFAULTSORT:Afghan hijackers case Aircraft hijackings Aviation accidents and incidents in 2000 Aviation accidents and incidents in England United Kingdom right of asylum case law 2000s in the City of Westminster 2006 in United Kingdom case law Afghan expatriates in the United Kingdom Aircraft hijackings in the United Kingdom