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Author: Great Britain. Parliament. Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780104013038 Category : Business & Economics Languages : en Pages : 60
Book Description
The main purpose of this Report is to comment on the adequacy of the additional safeguards which the Government has indicated it intends to bring forward to meet the human rights concerns about its proposal to extend the maximum period of pre-charge detention to 42 days. The report explains the Committee's conclusion that the additional safeguards are inadequate to protect individuals against the risk of arbitrary detention. The Committee recommends that the Government provide Parliament with the evidence on which it relies when it says that the threat from terrorism is growing. It also calls for information about the use made of the extended power to detain without charge for up to 28 days since it was last renewed in July 2007. No amount of additional parliamentary or judicial safeguards can render the proposal for a reserve power of 42 days' pre-charge detention compatible with the right of a terrorism suspect to be informed "promptly" of the charge against him under Article 5(2) ECHR. The Government has not included in the Counter-Terrorism Bill a provision to improve the existing arrangements for parliamentary review of the operation of extended pre-charge detention, and the report puts forward amendments to the Bill to improve such arrangements. In the Committee's view the recent examples of questionable information sharing by the intelligence services, which risk making the UK complicit in torture or other inhuman or degrading treatment, show that there is a need for substantive legal safeguards to guarantee against the arbitrary and disproportionate use of the power to disclose and use such information. The Committee proposes amendments to strengthen safeguards.
Author: Great Britain. Parliament. Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780104013038 Category : Business & Economics Languages : en Pages : 60
Book Description
The main purpose of this Report is to comment on the adequacy of the additional safeguards which the Government has indicated it intends to bring forward to meet the human rights concerns about its proposal to extend the maximum period of pre-charge detention to 42 days. The report explains the Committee's conclusion that the additional safeguards are inadequate to protect individuals against the risk of arbitrary detention. The Committee recommends that the Government provide Parliament with the evidence on which it relies when it says that the threat from terrorism is growing. It also calls for information about the use made of the extended power to detain without charge for up to 28 days since it was last renewed in July 2007. No amount of additional parliamentary or judicial safeguards can render the proposal for a reserve power of 42 days' pre-charge detention compatible with the right of a terrorism suspect to be informed "promptly" of the charge against him under Article 5(2) ECHR. The Government has not included in the Counter-Terrorism Bill a provision to improve the existing arrangements for parliamentary review of the operation of extended pre-charge detention, and the report puts forward amendments to the Bill to improve such arrangements. In the Committee's view the recent examples of questionable information sharing by the intelligence services, which risk making the UK complicit in torture or other inhuman or degrading treatment, show that there is a need for substantive legal safeguards to guarantee against the arbitrary and disproportionate use of the power to disclose and use such information. The Committee proposes amendments to strengthen safeguards.
Author: Ana Salinas de Frias Publisher: Council of Europe ISBN: 928717685X Category : Political Science Languages : en Pages : 464
Book Description
Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.
Author: Great Britain: Parliament: Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780104012048 Category : Law Languages : en Pages : 106
Book Description
This report examines the Government's intention, as part of its counter-terrorism measures, to increase the pre-charge detention limit from 28 to 42 days. The Committee believes that there is a clear national consensus that the case for further change has not been made by the Government. In the Committee's view a truly consensual approach should lead the Government to accept that it has failed to build the necessary national consensus for this very significant interference with the right to liberty and withdraw the proposal; to proceed with it as detailed by the Home Office calls into question the Government's commitment to a consensual approach and raises questions of compatibility with human rights. The Committee does not accept that the Government has made the case for extending pre-charge detention beyond the current limit of 28 days, for the following reasons: i) it can find no clear evidence of likely need in the near future; ii) alternatives to extension do enough, in combination, to protect the public and are much more proportionate; iii) the proposed parliamentary mechanism would create a serious risk of prejudice to the fair trial of suspects; iv) the existing judicial safeguards for extensions even up to 28 days are inadequate.
Author: Great Britain: Parliament: Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780104012307 Category : Law Languages : en Pages : 52
Book Description
On 30th January 2008 the Home Secretary laid before both Houses of Parliament a draft Order to renew the control order legislation, the third annual extension of the control order regime. The Government takes the view that no amendments to the legal framework are necessary. The Committee disagrees and considers it imperative for the Government to amend counter-terrorism laws where experience has shown them to lead to breaches of human rights. Amongst their recommendations are: ensurance of timely availability of Lord Carlile's annual report on the control orders; the need to strengthen the intrusive powers contained in the control orders; modification of the Prevention of Terrorism Act to impose a maximum daily limit 12 hours on the curfew which can be imposed; review of the fairness of the special advocate procedure and a need to take into account the Committee's own earlier recommendations concerning this; maintaining the preferred policy of priority of prosecution; and greater transparency of decisions that prosecution is not possible.
Author: Great Britain: Parliament: Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780104012260 Category : Law Languages : en Pages : 72
Book Description
Examines the Counter-Terrorism Bill before its second reading in the House of Commons. This title concentrates on five significant human rights issues needing thorough parliamentary scrutiny: pre-charge detention; post-charge questioning; control orders and special advocates; the threshold test for charging; and the admissibility of intercept.
Author: Victor V. Ramraj Publisher: Cambridge University Press ISBN: 1139505246 Category : Law Languages : en Pages : 703
Book Description
Preventing acts of terrorism remains one of the major tasks of domestic governments and regional and international organisations. Terrorism transcends borders, so anti-terrorism law must cross the boundaries of domestic, regional and international law. It also crosses traditional disciplinary boundaries between administrative, constitutional, criminal, financial, immigration, international and military law, as well as the law of war. This second edition provides a comprehensive resource on how domestic, regional and international responses to terrorism have developed since 2001. Chapters that focus on a particular country or region in the Americas, Europe, Africa and Asia are complemented by overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy.
Author: Great Britain. Parliament. Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780104013687 Category : Law Languages : en Pages : 116
Book Description
This is the Committee's second annual report monitoring the Government's response to human rights judgments in the European Court of Human Rights. The Committee criticises the Government for its failure to respond to many of its recommendations in its previous report (17th report session 2006-07, HL 128/HC 728, ISBN 9780104011065). The Committee believes the Government should take a consistent and transparent approach across departments to the way in which it responds to declarations of incompatibility and judgments fro the European Court, with the Ministry of Justice co-ordinating the response to adverse judgments. This report also examines a number of issues arising from outstanding judgments: access to artificial insemination for prisoners and their partners; controlling membership of trade union; prisoners' voting rights; investigations into cases involving the use of lethal force; security of tenure for gypsies and travellers, and the corporal punishment of children.
Author: Great Britain: Home Office Publisher: The Stationery Office ISBN: 9780101809221 Category : Law Languages : en Pages : 124
Book Description
The Prevent strategy, launched in 2007 seeks to stop people becoming terrorists or supporting terrorism both in the UK and overseas. It is the preventative strand of the government's counter-terrorism strategy, CONTEST. Over the past few years Prevent has not been fully effective and it needs to change. This review evaluates work to date and sets out how Prevent will be implemented in the future. Specifically Prevent will aim to: respond to the ideological challenge of terrorism and the threat we face from those who promote it; prevent people from being drawn into terrorism and ensure that they are given appropriate advice and support; and work with sectors and institutions where there are risks of radicalization which need to be addressed
Author: Great Britain: Parliament: Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780108459269 Category : Business & Economics Languages : en Pages : 82
Book Description
The Constitutional Reform and Governance Bill was re-introduced in the House of Commons on 19 November 2009 and the Committee welcomes a number of aspects of the Bill which is implementing some of the commitments made by the Prime Minister in his Governance of Britain statement in July 2007. But the Committee considers there are a number of significant omissions from the Bill including in relation to judicial appointments, parliamentary scrutiny of security and intelligence matters, and the restrictive judicial interpretation of the meaning of public function in the Human Rights Act. They recommend amendments relating to the latter two points. They also look at Protest around Parliament, Ratification of Treaties and Right to a fair hearing and access to a court in the determination of civil rights.The Video Recordings Bill was introduced into the House of Commons on 15 December 2009 and is a fast track piece of legislation which repeals and revives the provisions of the Video Recordings Act 1984 in order to enable them to be notified to the European Commission under the Technical Standards Directive and so secure its enforceability. The Committee considers the human rights issues raised by this Bill should be subjected to parliamentary scrutiny. However as the 1984 Act, serves as an important child protection purpose, that are currently unenforceable, the Committee accepts the need for fast tracking this legislation and does not propose to further scrutinise this Bill.
Author: Great Britain: Parliament: Joint Committee on Human Rights Publisher: The Stationery Office ISBN: 9780108459702 Category : Business & Economics Languages : en Pages : 78
Book Description
The Joint Committee on Human Rights calls for a fundamental, independent review of the necessity for and proportionality of all counter-terrorism measures adopted since September 11 2001. It questions the way that the policy imperatives of national security and public safety have been used to justify squeezing out human rights considerations. Since September 11 2001, the Government has continuously claimed that there is a "public emergency threatening the life of the nation". The Committee questions whether the country has really been in this state for over eight years. A permanent state of emergency skews public debate about the justification for rights-limiting counter-terrorism measures. It is unacceptable that the Director General of the Security Service refuses to appear before it to give public evidence - despite giving public lectures and media interviews. The Committee finds the Government's narrow definition of complicity in torture significant and worrying and calls for an urgent independent inquiry into the allegations of complicity in torture. The Government should drop the draft bill still being held in reserve to allow pre-charge detention to be extended to 42 days. And more work should be done on measures - such as bail and the use of intercept evidence - that could reduce the use of pre-charge detention. The Intelligence and Security Committee should become a proper Parliamentary committee with an independent secretariat and legal advice and appointing an independent reviewer of counter-terror legislation who reports directly to Parliament not the Government.
Author: Great Britain. Parliament. Joint Committee on Human Rights
Author: Great Britain. Parliament. Joint Committee on Human Rights
Author: Ana Salinas de Frias
Author: Great Britain: Parliament: Joint Committee on Human Rights
Author: Great Britain: Parliament: Joint Committee on Human Rights
Author: Great Britain: Parliament: Joint Committee on Human Rights
Author: Victor V. Ramraj
Author: Great Britain. Parliament. Joint Committee on Human Rights
Author: Great Britain: Home Office
Author: Great Britain: Parliament: Joint Committee on Human Rights
Author: Great Britain: Parliament: Joint Committee on Human Rights