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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: 9780108459702
Category : Business & Economics
Languages : en
Pages : 78
Get Book Here
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: 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: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104012307
Category : Law
Languages : en
Pages : 52
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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: 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: Us National Security Council
Publisher: Cosimo Reports
ISBN: 9781646795765
Category :
Languages : en
Pages : 36
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Book Description
"Together we must affirm that domestic terrorism has no place in our society." -President Joseph R. Biden, Jr., National Strategy for Countering Domestic Terrorism (June 2021) National Strategy for Countering Domestic Terrorism (June 2021) conveys the Biden Administration's view of domestic terrorism and strategy on how to deal with it. What is domestic terrorism? As defined by this report, it is based on a range of violent ideological motivations, including racial bigotry and anti-government feeling, and it can take several forms, from lone actors and small groups to violent militias.
Author: Ana María Salinas de Frías
Publisher: Oxford University Press
ISBN: 019960892X
Category : Law
Languages : en
Pages : 1229
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Book Description
Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
Author: Katharine Gelber
Publisher: Oxford University Press
ISBN: 0191083429
Category : Political Science
Languages : en
Pages : 187
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Book Description
Although there has been a lot written about how counter-terrorism laws impact on human rights and civil liberties, most of this work has focussed on the most obvious or egregious kinds of human rights abrogation, such as extended detention, torture, and extraordinary rendition. Far less has been written about the complex ways in which Western governments have placed new and far-reaching limitations on freedom of speech in this context since 9/11. This book compares three liberal democracies - the United States, the United Kingdom and Australia, in particular showing the commonalities and similarities in what has occurred in each country, and the changes in the appropriate parameters of freedom of speech in the counter-terrorism context since 9/11, achieved both in policy change and the justification for that change. In all three countries much speech has been criminalized in ways that were considered anachronistic, or inappropriate, in comparable policy areas prior to 9/11. This is particularly interesting because other works have suggested that the United States' unique protection of freedom of speech in the First Amendment has prevented speech being limited in that country in ways that have been pursued in others. This book shows that this kind of argument misses the detail of the policy change that has occurred, and privileges a textual reading over a more comprehensive policy-based understanding of the changes that have occurred. The author argues that we are now living a new-normal for freedom of speech, within which restrictions on speech that once would have been considered aberrant, overreaching, and impermissible are now considered ordinary, necessary, and justified as long as they occur in the counter-terrorism context. This change is persistent, and it has far reaching implications for the future of this foundational freedom.
Author: Lee Jarvis
Publisher: Routledge
ISBN: 1135077495
Category : Political Science
Languages : en
Pages : 251
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Book Description
This volume examines the rationale, effectiveness and consequences of counter terrorism practices from a range of perspectives and cases. The book critically interrogates contemporary counter-terrorism powers from military campaigns and repression through to the prosecution of terrorist suspects, counter-terrorism policing, counter-radicalisation programmes, and the proscription of terrorist organisations. Drawing on a range of timely and important case studies from around the world including the UK, Sri Lanka, Spain, Canada, Australia and the USA, its chapters explore the impacts of counter-terrorism on individuals, communities, and political processes. The book focuses on three questions of vital importance to any assessment of counter-terrorism. First, what do counter-terrorism strategies seek to achieve? Second, what are the consequences of different counter-terrorism campaigns, and how are these measured? And, third, how and why do changes to counter-terrorism occur? This volume will be of much interest to students of counter-terrorism, critical terrorism studies, criminology, security studies and IR in general.
Author:
Publisher: United Nations Publications
ISBN: 9789211562828
Category :
Languages : en
Pages : 136
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Book Description
Acknowledgements -- Introduction and legal context -- Key components of an effective criminal justice response to terrorism -- Criminal justice accountability and oversight mechanisms
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108459269
Category : Business & Economics
Languages : en
Pages : 82
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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.
