HK (Turkey) v. Secretary of State for the Home Department

His original claim was wide ranging. He sought a declaration that his detention was unlawful and compensation for the whole period that he was held in custody. His claim was heard by Davis J in conjunction with another claimant D. Davis J made a declaration that the proper procedures had not been followed at Oakington and if they had been, the appellant would have been released on the 7th May 2005. Accordingly he made an order that the appellant was entitled to compensation for the loss of his liberty for four days. He found, however, that the appellant?s original detention was lawful. It is in relation to that conclusion that the appellant appeals. It is submitted to us, as it was to the judge, that the respondent, having been put on notice in the original interviews that the appellant was not only claiming to have been tortured but also that the marks of torture could be readily seen, should have immediately appreciated that his was not a proper case for the fast track procedure in the light of the policy then in force. (paragraph 6)