“The government argues that CMPs are needed to prevent courtroom disclosure of sensitive evidence from causing damage to the so-called ‘control principle’ governing intelligence shared between states. Secret evidence, which is already used in terrorism-related immigration tribunals, allows government lawyers to rely on evidence that cannot be seen by victims or claimants, or their lawyers. The evidence can be seen by security-vetted barristers known as special advocates, but they cannot discuss what they have seen. The system is widely regarded as inherently unfair and would inevitably lead to legal challenges.”
