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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
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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
Get Book Here
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: Rosemary Foot
Publisher: Routledge
ISBN: 1136055762
Category : History
Languages : en
Pages : 118
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Book Description
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.
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104012048
Category : Law
Languages : en
Pages : 106
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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: 9780104012260
Category : Law
Languages : en
Pages : 72
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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: Daniel Moeckli
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 308
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Book Description
Analyzes the human rights impacts of anti-terrorism laws and practices in the United States, the United Kingdom, and Germany.
Author: House of Lords
Publisher: The Stationery Office
ISBN: 9780104013571
Category : Political Science
Languages : en
Pages : 60
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Book Description
Presents a report on aspects of the Government's counter-terrorism strategy since the 2005 election. This book draws attention to criticisms of the UK's counter-terrorism law and policy in various reports by the Parliamentary Assembly of the Council of Europe, and the UN Human Rights Committee. HC 1077.
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108459702
Category : Business & Economics
Languages : en
Pages : 78
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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
Publisher: The Stationery Office
ISBN: 9780104014523
Category : Business & Economics
Languages : en
Pages : 222
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Book Description
Demonstrating respect for Rights? : A human rights approach to policing protest, seventh report of session 2008-09, Vol. 2: Oral and written Evidence
Author: U K Stationery Office
Publisher: The Stationery Office
ISBN: 9780108459177
Category : Law
Languages : en
Pages : 40
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Book Description
Legislative Scrutiny : Financial Services Bill and the Pre-budget report, third report of session 2009-10, report, together with formal minutes and Appendices
Author:
Publisher: The Stationery Office
ISBN: 9780104014165
Category : Business & Economics
Languages : en
Pages : 116
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Book Description
The UN Convention on the Rights of Persons with Disabilities builds on existing human rights treaties including the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights. The UN Handbook for Parliamentarians on the Convention stresses that it is not intended to create new rights, but "clarifies the obligations and legal duties of States to respect and ensure the equal enjoyment of all human rights by all persons with disabilities". Its purpose is to: "Promote, protect and ensure the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity." The UK was among the first countries to sign the Convention on 30 March 2007. The findings of our recent inquiry on the rights of adults with learning disabilities showed that although UK law and policy on the treatment of adults with learning disabilities takes a human rights based approach, the day to day experiences of people with learning disabilities are not so positive. Ratification will send a strong signal to all people with disabilities in the UK, and abroad, that the Government takes equality and the protection of their human rights seriously. The Government first publicly stated that reservations to the Convention were being considered in its response to our Report on the treatment of adults with learning disabilities, in May 2008, more than a year after it signed the Convention. Despite the Committee's call for a full explanation of the government's views on the compatibility of domestic law with the Convention, the were then provided with little detail on the reservations being considered or the Government's approach to the process. The Committee considers that progress towards ratification of the Convention by the UK has so far lacked transparency and has unfortunately alienated disabled people and their organisations. This is unacceptable in the light of the clear Convention commitment which the Government intends to make to the involvement of disabled people in the development of policies and laws which affect them. This approach undermines the previous role that the UK Government has played in championing equality for disabled people and their leading role in negotiating the terms of the UNCRPD.
