Counter-terrorism policy and human rights (ninth report)

Counter-terrorism policy and human rights (ninth report)

Author: Great Britain: Parliament: Joint Committee on Human Rights

Publisher: The Stationery Office

Published: 2008-02-25

Total Pages: 52

ISBN-13: 9780104012307

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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.


Counter-terrorism policy and human rights (sixteenth report)

Counter-terrorism policy and human rights (sixteenth report)

Author: Great Britain: Parliament: Joint Committee on Human Rights

Publisher: The Stationery Office

Published: 2010-03-04

Total Pages: 94

ISBN-13: 9780108459481

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Counter-terrorism policy and human rights (sixteenth Report) : Annual renewal of control orders legislation 2010, ninth report of session 2009-10, report, together with formal minutes and written Evidence


Counter-terrorism policy and human rights (eighth report)

Counter-terrorism policy and human rights (eighth report)

Author: Great Britain: Parliament: Joint Committee on Human Rights

Publisher: The Stationery Office

Published: 2008-02-07

Total Pages: 72

ISBN-13: 9780104012260

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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.


Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Author: Ana Salinas de Frias

Publisher: Council of Europe

Published: 2013-04-01

Total Pages: 464

ISBN-13: 928717685X

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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.


Government response to the Committee's eighth report of this session

Government response to the Committee's eighth report of this session

Author: Great Britain: Parliament: Joint Committee on Human Rights

Publisher: The Stationery Office

Published: 2007-05-21

Total Pages: 20

ISBN-13: 9780104010693

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The control orders regime, established under the Prevention of Terrorism Act 2005, gives the Home Secretary the power to place restrictions on the liberty of individuals suspected of involvement in terrorism-related activity, depending on the assessed risk posed by the individual concerned, including requirements as to place of abode, and restrictions on movement, association or communication. This publication sets out the Government's reply to the Committee's report (HLP 60/HCP 365, session 2006-07; ISBN 9780104010310) which examined the Government's intention to extend the control order regime for a second time, for a further year to March 2008, under the draft Prevention of Terrorism Act 2005 (continuance in force of sections 1 to 9) Order 2007 (Draft 2007 S.I., ISBN 9780110757278).


Human Rights and Counter-terrorism in America's Asia Policy

Human Rights and Counter-terrorism in America's Asia Policy

Author: Rosemary Foot

Publisher: Routledge

Published: 2020-11-25

Total Pages: 118

ISBN-13: 1136055762

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This book examines the effects of the terrorist attacks on New York and Washington of 11 September 2001 on America's human rights and counter-terrorism policies towards a number of countries in Asia. Five countries have been chosen for examination, divided into two front-lines states (Pakistan and Uzbekistan), two second-front countries (Indonesia and Malaysia), and a third-front country, China. The paper also looks at changes in US domestic legislation and its treatment of prisoners at Guantanamo Bay and elsewhere in order to analyse the extent to which the US promotion of an external human rights policy might also have been compromised by its own legislative changes as a result of the struggle against terrorism. The paper concludes that the attacks on US territory, overall, have constrained America's willingness and capacity to promote an external human rights policy with respect to these five countries. However, some attention - especially at the rhetorical level - to these countries' human rights records has been retained to differing degrees among the five states. This degree of difference is not explained entirely in reference to a country's perceived centrality to the struggle against terrorism. It depends on the extent to which the US executive and legislative branches are united - either singly or in combination - in their disapproval of a state's record, or in their understanding about how best to reach the policy goals that are sought.


Counter-terrorism Policy and Human Rights (eleventh Report)

Counter-terrorism Policy and Human Rights (eleventh Report)

Author: Great Britain. Parliament. Joint Committee on Human Rights

Publisher: The Stationery Office

Published: 2008

Total Pages: 60

ISBN-13: 9780104013038

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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.