Author: Claire Macken
Publisher: Routledge
ISBN: 1136741879
Category : Law
Languages : en
Pages : 233
Get Book Here
Book Description
This book analyses the preventative confinement of suspected terrorists with regard to different models of counter-terrorism policy within the context of international human rights law. The book is written from a global perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia.
Author: Stigall, Dan E.
Publisher: Edward Elgar Publishing
ISBN: 1800887183
Category : Law
Languages : en
Pages : 273
Get Book Here
Book Description
Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.
Author: Great Britain: Parliament: Joint Committee on the Draft Detention of Terrorist Suspects (Temporary Extension) Bills
Publisher: The Stationery Office
ISBN: 9780108473531
Category : Business & Economics
Languages : en
Pages : 68
Get Book Here
Book Description
The Joint Committee scrutinised the Home Office's draft Detention of Terrorist Suspects (Temporary Extension) Bills, which could be enacted urgently if it ever became necessary to extend to 28 days the maximum period for which the police could apply to a High Court judge detain terrorist suspects before charging them. The Committee agrees with the Government's objective, but does not accept the Government's proposals for achieving the objective. When provisions of this kind needed to be introduced after individuals had been arrested; it would be almost impossible to give Parliament the information it would need to scrutinise the legislation adequately without putting at risk a suspect's right to have a fair trial. In addition there is a risk that, if the provision was required in a period of parliamentary recess or dissolution, legislation could not be introduced in time, or at all. The Committee recommends, instead, the introduction of legislation to empower the Secretary of State to make an executive order (with the agreement of the Attorney General and subject to rigorous safeguards), that would temporarily extend the maximum period available for pre-charge detention to 28 days. There would have to be an independent review of the case for making such an order. The Director of Public Prosecutions would continue to be responsible for applications to a High Court judge in individual cases. The Secretary of State would be accountable to Parliament for the decision once there was no longer any risk of prejudicing judicial proceedings.
Author: Jess Bravin
Publisher: Yale University Press
ISBN: 0300191340
Category : History
Languages : en
Pages : 539
Get Book Here
Book Description
Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the "Wall Street Journal"'s Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice--issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo--and vindicate the legal experiment the Bush administration could barely get off the ground--"The Terror Courts" could not be more timely.
Author: Shima Baradaran Baughman
Publisher: Cambridge University Press
ISBN: 1107131367
Category : Law
Languages : en
Pages : 331
Get Book Here
Book Description
Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
Author: Claire Macken
Publisher: Routledge
ISBN: 1136741860
Category : Law
Languages : en
Pages : 295
Get Book Here
Book Description
In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.
Author:
Publisher: Open Society Inst
ISBN: 9781936133758
Category : Political Science
Languages : en
Pages : 212
Get Book Here
Book Description
Following the terrorist attacks of September 11, 2001, the Central Intelligence Agency embarked on a highly classified program of secret detention and extraordinary rendition of terrorist suspects. The program was designed to place detainee interrogations beyond the reach of law. Suspected terrorists were seized and secretly flown across national borders to be interrogated by foreign governments that used torture, or by the CIA itself in clandestine 'black sites' using torture techniques. This report is the most comprehensive account yet assembled of the human rights abuses associated with secret detention and extraordinary rendition operations. It details for the first time the number of known victims, and lists the foreign governments that participated in these operations. It shows that responsibility for the abuses lies not only with the United States but with dozens of foreign governments that were complicit. More than 10 years after the 2001 attacks, this report makes it unequivocally clear that the time has come for the United States and its partners to definitively repudiate these illegal practices and secure accountability for the associated human rights abuses.
Author: Mark S. Hamm
Publisher: DIANE Publishing
ISBN: 1437929591
Category : Political Science
Languages : en
Pages : 258
Get Book Here
Book Description
This is a print on demand edition of a hard to find publication. Examines terrorists¿ involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and mfg. illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. There are 3 parts: (1) Compares the criminality of internat. jihad groups with domestic right-wing groups. (2) Six case studies of crimes includes trial transcripts, official reports, previous scholarship, and interviews with law enforce. officials and former terrorists are used to explore skills that made crimes possible; or events and lack of skill that the prevented crimes. Includes brief bio. of the terrorists along with descriptions of their org., strategies, and plots. (3) Analysis of the themes in closing arguments of the transcripts in Part 2. Illus.
Author: Jonathan Hafetz
Publisher: NYU Press
ISBN: 081472440X
Category : Political Science
Languages : en
Pages : 334
Get Book Here
Book Description
Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
Author: Ana Salinas de Frias
Publisher: Council of Europe
ISBN: 928717685X
Category : Political Science
Languages : en
Pages : 464
Get Book Here
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.
