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Author: Independent National Security Legislation Monitor
Publisher:
ISBN:
Category :
Languages : en
Pages : 54
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Book Description
Author: Independent National Security Legislation Monitor
Publisher:
ISBN:
Category :
Languages : en
Pages : 54
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Book Description
Author: Great Britain: Parliament: House of Commons: Home Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215029539
Category : Political Science
Languages : en
Pages : 136
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Book Description
Terrorism detention Powers : Fourth report of session 2005-06, Vol. 2: Oral and written Evidence
Author: Great Britain. Parliament. House of Commons. Home Affairs Committee
Publisher:
ISBN:
Category : Detention of persons
Languages : en
Pages :
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Book Description
Author: Diane Webber
Publisher: Routledge
ISBN: 1317385497
Category : Law
Languages : en
Pages : 326
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Book Description
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
Author: Rebecca Helen Money-Kyrle
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This thesis assesses the UK Terrorism Act 2000's stop and search and pre-charge detention powers against liberty and security rights. It proposes that criminalizing 'terrorism', and legitimacy of counter-terrorism laws, depends on moral and legal norms defining legitimate sovereign power. External norms of territorial sovereignty and non-intervention define and legitimize external defensive actions by the state to protect nation state security. Individual liberty and security rights, specifically pursuant to article 9, ICCPR and article 5 ECHR, have a special moral and legal status externally, but are not universally determinative of sovereign legitimacy. The thesis argues that these external norms accommodate contrasting paradigms of internal legitimacy, the 'security state' and the 'liberal state'. Conceptually, sovereign legitimacy in the former is grounded on heteronymous collective or ideological values, grounding fundamental obligations legitimizing 'balancing' of individual liberty and security against security of those ultimate norms. The 'balancing metaphor' and exceptionalist theories are conceptually located within the security state paradigm. Conversely, political and individual autonomy (liberty and security of the person) circumscribe legitimacy of liberal state action, grounding fundamental obligations to prevent and punish harms, and to refrain from violating individual autonomy unless justified by those obligations. Liberal rule of law standards, including due process rights, are legitimized by the instrumental role- of law as the primary source of justification in the liberal state. Evaluating the policy justifications, enactment, and scope of the TA provisions against those norms, the thesis concludes they contradict liberal norms, violate international norms and individual legal rights to liberty and security, and undermine the rule of law and due process rights. The pre-emptive counter-terrorism policy, balancing national security against individual liberty, and degradation of due process rights, belies a security state approach.
Author: Tessa Boyd-Caine
Publisher: CHRI
ISBN: 8188205478
Category : Human rights
Languages : en
Pages : 92
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Book Description
Author:
Publisher: Cambria Press
ISBN: 1621969509
Category :
Languages : en
Pages : 274
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Book Description
Author: Fiona de Londras
Publisher: Cambridge University Press
ISBN: 1139500031
Category : Political Science
Languages : en
Pages : 327
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Book Description
In this book, Fiona de Londras presents an overview of counter-terrorist detention in the US and the UK and the attempts by both states to achieve a downward recalibration of international human rights standards as they apply in an emergency. Arguing that the design and implementation of this policy has been greatly influenced by both popular and manufactured panic, Detention in the 'War on Terror' addresses counter-terrorist detention through an original analytic framework. In contrast to domestic law in the US and UK, de Londras argues that international human rights law has generally resisted the challenge to the right to be free from arbitrary detention, largely because of its relative insulation from counter-terrorist panic. She argues that this resilience gradually emboldened superior courts in the US and UK to resist repressive detention laws and policies and insist upon greater rights-protection for suspected terrorists.
Author: M. Bedri Eryilmaz
Publisher: BRILL
ISBN: 9004479392
Category : Law
Languages : en
Pages : 471
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Book Description
It is commonly believed that, in the police practices of arrest without judicial warrant and detention without charge, England and Turkey stand at opposite ends of the compliance spectrum among nations signatory to the European Convention on Human Rights. This is the first book to examine the extent to which such belief is warranted. Beginning with a detailed comparison of the arrest and detention standards set by the Convention and the corresponding provisions of Turkish and English law, the author then proceeds to investigate actual police practice in both countries. He reviews and analyzes the existing research in England and Wales on how the status of suspects in practice compares with the status of suspects in law. To determine this in Turkey, where no such research existed before this book, he offers the results of his own field work in 21 Turkish police stations and three gendarmeries in various cities and towns, as well as in two Turkish anti-terrorist departments. This is the first publication of any research into how Turkish police apply law to practice. He goes on to examine the adequacy and effectiveness of remedies in both countries, and to make recommendations, not only for reform in England and Turkey, but to the Convention organs with respect to gaps and weaknesses in their case law. For criminal justice and law enforcement authorities, this is a valuable guide to ensuring compliance with the extensive and developed standards established by the case law of the Convention, and to handling allegations of breaches of the Convention by the police. In addition, Arrest and Detention Powers in Turkish and English Law and Practice in the Light of the European Convention on Human Rights is a penetrating analysis of `law in books' versus `law in action', and as such has relevance to anyone concerned with the enforcement of human rights law.
Author: Great Britain: Home Office
Publisher:
ISBN: 9780101690621
Category : Law
Languages : en
Pages : 15
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Book Description
This document sets out the Government's response to the Home Affairs Committee's report (HCP 910-1, session 2005-06; ISBN 0215029526) on the case for an increase in detention powers in respect of terrorism suspects. Topics discussed include: the Government's support for the police case for extending the maximum detention period to 90 days; the effects on public confidence and community relations; the nature of the terrorist threat; the implications for police investigative work; the preventative element of some arrests in order to disrupt terrorist conspiracies; and alternatives to longer detention.
