UK Home Office admits unlawful secret policy to seize Channel migrant phones

Migrants on a flimsy craft, hidden by the swell, cross the English Channel, Aug. 27, 2020. (AFP)
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Updated 27 January 2022
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UK Home Office admits unlawful secret policy to seize Channel migrant phones

  • Phone seizures may have been related to misunderstanding that Channel crossings were illegal
  • Policy meant hundreds or thousands of people were cut off from loved ones

LONDON: The UK Home Office has admitted exercising an unlawful secret policy of seizing cell phones from migrants crossing the English Channel in small boats.

Lawyers representing the home secretary made the admission at the High Court on Thursday, while fighting legal action brought by three asylum seekers.

The men, from Iraq and Iran, were all arrested on arrival in the UK and were stripped of their possessions, despite committing no crime.

Government authorities kept their mobile phones for several months, leaving them unable to contact friends and family.

One of the men feared for the lives of his wife and seven-year-old child, but had no means to check on them.

The unnamed claimants are asking the High Court to make declarations of “serious illegality,” award damages and require the Home Office to alert everyone affected by the unlawful policy.

Their lawyers estimate that hundreds or possibly thousands of mobile phones have been unlawfully seized since 2018.

The Home Office initially denied the seizure policy existed, and then later apologized for failing a “duty of candor” by withholding the information.

Alan Payne QC, representing the Home Office, told the High Court: “The home secretary is accepting that the seizure policies were unlawful, were not in accordance with the law for the purpose of the European Convention on Human Rights and did not provide a lawful basis for the processing of data.”

Payne also admitted that a separate policy to keep asylum seekers’ phones for a minimum of three months was a “disproportionate interference” with human rights.

Lawyers for the claimants argued that the concessions were “manifestly incomplete and inadequate to reflect the extent of the illegality,” but Home Secretary Priti Patel’s team argued that the remaining grounds of legal challenge were “academic” and should be dismissed.

Home Office lawyers said the policy’s “precise origins are not known” and that it “appears to have developed organically.”

The confusion, they argued, derives from the misunderstanding that all people arriving in small boats from the Channel had committed a crime — this is not the case.

Sir James Eadie QC, representing the home secretary, said there was a “misunderstanding permeating that an illegal entry offense was always committed by passengers” on small boats at the time.

In December, a court ruled that crossing the Channel with the aim of being intercepted and claiming asylum did not amount to illegal entry, and that a “legal heresy” had developed among authorities and caused a series of wrongful prosecutions.


Two high-speed trains derail in Spain, police sources say 21 people killed

Updated 19 January 2026
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Two high-speed trains derail in Spain, police sources say 21 people killed

  • The accident happened near Adamuz, in Cordoba province. So far, 21 people ​have been confirmed dead by police

MADRID: A high-speed train derailed and smashed into another oncoming train in southern Spain on Sunday, pushing the second train off the tracks in a collision that police sources confirmed to Reuters had killed at least 21 people.
The accident happened near Adamuz, in Cordoba province. So far, 21 people ​have been confirmed dead by police, with state broadcaster Television Espanola adding that 100 people had been injured, 25 seriously. The driver of one of the trains, which was traveling from Madrid to Huelva, was among those who died, the TV station added.
“The Iryo 6189 Malaga — (to Madrid) train has derailed from the track at Adamuz, crashing onto the adjacent track. The (Madrid) to Huelva train which was traveling on the adjacent track has also derailed,” said Adif, which runs the rail network, in a social media post.
Adif said the accident happened at 6:40 p.m. (1740 GMT), about 10 minutes after the Iryo train left Cordoba heading toward Madrid.
Iryo is a private rail operator, majority-owned by Italian state-controlled railway group Ferrovie dello Stato. The train involved was a Freccia 1000 train which was traveling between ‌Malaga and Madrid, ‌a spokesperson for Ferrovie dello Stato said.
The company said in a statement that it ‌deeply ⁠regretted what ​had happened ‌and had activated all emergency protocols to work closely with the relevant authorities to manage the situation.
The second train was operated by Renfe, which also did not respond to a request for comment.
Adif has suspended all rail services between Madrid and Andalusia.

HORRIFIC SCENE
The Iryo train had more than 300 passengers on board, while the Renfe train had around 100.
Paco Carmona, Cordoba fire chief, told TVE the first train heading to Madrid from Malaga had been evacuated.
The other train’s carriages were badly damaged, he said, with twisted metal and seats. “There are still people trapped. We don’t know how many people have died and the operation is concentrating on getting people out of areas which are very narrow,” he ⁠said. “We have to remove the bodies to reach anyone who is still alive. It is proving to be a complicated task.”
Transport Minister Oscar Puente said he was following events ‌from rail operator Adif’s headquarters in Madrid.
“The latest information is very serious,” ‍he posted on X. “The impact was terrible, causing the first two ‍carriages of the Renfe train to be thrown off the track. The number of victims cannot be confirmed at this time. ‍The most important thing now is to help the victims.”
The mayor of Adamuz, Rafael Moreno, told El Pais newspaper that he had been among the first to arrive at the scene of the accident alongside the local police and saw what he believed to be a badly lacerated body several meters from the accident site.
“The scene is horrific,” he said. “I don’t think they were on the same track, but it’s not clear. Now ​the mayors and residents of the area are focused on helping the passengers.”

CALLS FOR MEDICS
Images on local television showed a reception center set up for passengers in the town of Adamuz, population 5,000, with locals coming ⁠and going with food and blankets amid nighttime temperatures of around 42 degrees Fahrenheit (6 degrees Celsius).
A woman named Carmen posted on X that she had been on board the Iryo train to Madrid. “Ten minutes after departing (from Cordoba) the train started to shake a lot, and it derailed from coach 6 behind us. The lights went out.”
Footage posted by another Iryo train passenger, also on X, showed an Iryo staffer in a fluorescent jacket instructing passengers to remain in their seats in the darkened carriages, and those with first aid training to keep watch over fellow passengers. He also urged people to maintain mobile phone batteries to be able to use their torches when they disembarked.
Salvador Jimenez, a journalist for RTVE who was on board the Iryo train, shared images showing the nose of the rear carriage of the train lying on its side, with evacuated passengers sitting on the side of the carriage facing upwards.
Jimenez told TVE by phone from beside the stricken trains that passengers had used emergency hammers to smash the windows and climb out, and they had seen two people taken ‌out of the overturned carriages on stretchers.
“There’s a certain uncertainty about when we’ll get to Madrid, where we’ll spend the night, we’ve had no message from the train company yet,” he said. “It’s very cold but here we are.”