The Law by the Joint Committee on Human Rights - Coursework Example

Assignment Contents Introduction 4 Terrorism 5 The Anti-Terrorism Act 5 The Flaws and Impacts of the Law 7 Bibliography 10 Executive Summary The threat of terrorism has reshaped the world. It is a huge phenomenon that has affected everything from the lives of the people to the laws governing the people. Every government in the world has responded to the threat of terrorism and done its utmost to design laws and strategies that would ensure the safety of its citizens. However, in the middle of the middle of the government’s role to provide security of its citizens, the anti terrorist laws have created a huge negative impact. This report will discuss the anti terrorism law in the U.K. and its overall impact. Light will be shed on how this law has innocently disrupted lives. Introduction Oxford dictionary defines terrorism as the “unofficial and unauthorized use of violence in the pursuit of political aims (Oxford Dictionary, 2012).” Terrorism is not a new concept, it has been used since the prehistoric times but it is relatively hard to describe in words that can encompass the entire concept behind this term. Terrorism has been used as both, a tactic as well as a strategy; for criminal purposes and as a holy duty. Whatever is case; an act of terrorism is extremely reprehensible and has no justifications what so ever. Unfortunately, this line of thought is not adopted by all people. Terrorism has always been useful approach for the side whose argument or strength is weaker as compared to the other. On a larger, national scale, terrorism is defined as the use of violence to inculcate fear in the minds of people and intimidate and coerce governments and different societies to pursue goals of the terrorists. The reason why terrorism is so wrong is because its influence goes way beyond just the intended victim, it at times have consequences for entire nations (Terrorism Research, 2012). Terrorism Ever since the incident of twin towers in America on 9th September, 2001, the threat of terrorism has magnified. Ever since that unforgettable day referred to as 9/11, terrorism is a word that looms large in the minds of people. War against terrorism is a commonly heard term and many different nations as well Britain are participants in this war to provide their citizens with a sense of security and to keep them safe from terrorists. However, for the United Kingdom, there is nothing new about the threat of terrorism or the legal response to it. Throughout the course of history, Britain has been the victim of many terrorist acts. However, for the purpose of this report, the events, legislation and the effect of that legislation prior to 2001 will not be considered. The disastrous occurrence of 9/11 did not result in any immediate or drastic change in the legislation that was directed towards curbing terrorism. Most of the legislation pertaining to terrorism already existed. However as a direct consequence of 9/11, The Anti-terrorism, Crime and Security Act 2001 were passed. This terrorism act incorporated in the British legislation has resulted in Britain having the most comprehensive legal framework in all of Europe to fight terrorism (Bennet, 2005). The Anti-Terrorism Act The Anti-terrorism, Crime and Security Act 2001 were aimed at amending the Terrorism Act 2000. Its purpose was to include more stipulation about terrorism and security. It provided provisions for the freezing of assets and immigration and asylum. The act intended to amend as well as extend the scope of criminal law and its powers for preventing crime from happening and enforcing that law. The Act included in it laws which made retention of communication data legal. The Act also included provisions for the control of pathogens and toxins (Anti-terrorism, 2001). The major constituent of the bill was the government of the time’s determination to find a way of dealing with foreign nationals and visitors who were suspected of involvement in terrorism activities by different security services and agencies. In compliance with the European convention of human rights, several of these suspected individuals could not be deported back to their own country because in cases they were forced to return these individuals faced torture and in some cases the death penalty. Britain had to deal with individuals suspected of terrorism, individuals who the government could neither prosecute nor deport. Hence through the Anti-terrorism, Crime and Security Act 2001, the government made law which enabled it detain foreign national suspected of being a threat to national security for an indefinite period and to bring them to trial (The Guardian, 2009). The act also enabled the providers of communication services to retain data (not content) which could be used by law agencies in investigation of criminal and terrorist activities. Communications data as stipulated in this Act included the identity as well as location of the caller, texter and web users. The government gave emphasis to data retention and called it an important tool for ensuring security of the country and for crime investigation. However in 2005, an amendment to the act was made in the form of Prevention of Terrorism Act 2005 because detainment of foreign nationals without trial was found to be in breach of the European convention on Human Rights (FindLaw, 2012). The Terrorism Act of 2006 was introduced after the 7th of July bombings. It initially proposed that detainment period of terrorist before they were actually charged with a crime be increased to 90 days. However this period was thought to be an imposition on civil liberties and the period of 28 days detainment was voted for (FindLaw, 2012). The most recent anti-terror legislation is the Counter-Terrorism Act 2008 which allows authorities to question terrorist subjects post charge. It also changed the definition of terrorism and inserted a racial clause. It also made allowances for the police to take DNA samples and fingerprints from individuals (FindLaw, 2012). In 2003, The House of Commons tried to determine the use of science and technology and how can their synergy be channelized to develop countermeasures to different weapons of mass destruction. The fact that technology was the reason for development of these weapons was recognized and measures which were required to discourage the use of science and technology for development of such weapons were brought under study. It was proposed that center for home defense be opened for development of technology for civilian use. The first step towards prevention of misuse of science was highlighted. A code of ethics was proposed for scientist working with dangerous substances to increase awareness about scientist’s responsibilities (House of Commons: Science and Technology Committee, 2003). The Flaws and Impacts of the Law The first major consequence of the terrorism act was that the British legislation became a breach of the European Convention on human rights. A report highly criticizing the law was published by the Joint Committee on Human Rights. It stated that the deficiency in judicial safeguards for foreign nationals is a violation of the right to liberty (article five of the ECHR). Another report was published which found that charging suspects after they have been detained for longer than twenty-eight days is a disobedience of article five(2) which required that suspects be immediately informed of any charges against them (Library of Congress, 2012). Despite the argument of the law makers that this act was important for preservation of safety within the country, the law was changed in 2005 (The Guardian, 2009). There provision for extension of pre-charge detention have been heavily criticized both by the members of the parliament and outside of parliament. Several Parliamentary reports vehemently criticize pre-charge detention stipulations in the bill and many members have spoken out about their opposition of this provision in the bill, claiming this provision to be a political move. The act as well as the propaganda against terrorism brought on serious consequences for British Muslims as well as Muslims just visiting Britain. Muslim became the subject of ridicule and abuse. All Muslims were categorized under terrorism and the dressing of Muslim women was criticized. People travelling to and froth Britain especially Muslims were subjected to extensive searching at the airports (Hickman, et al., 2011). Not only our visitors subjected to this kind of scrutiny, British Muslims are treated no differently. A beard or a head scarf has become new symbol of terrorism. The Muslims are being asked to suppress their culture and not adorn their religious outfits merely because of a wrong perception. The anti terrorism law has made travelling impossible. Obtaining a visa to Britain is considered a miracle especially in the case of Muslims. As a direct consequence of the anti terrorism policies, many student’s education had to suspend and many had to revise their goals for England was no more a viable option. In every firel of life in England, Muslims were discriminated against. It can be seen from the above represented facts that anti-terrorism laws have had serious implications on the way of life in Britain. Security of a nation is of prime importance but the real question is if these policies are worth it at the cost of degrading human life. Bibliography Anti-terrorism, C. a. S., 2001. Anti-terrorism, Crime and Security. U.K: s.n. Bennet, G., 2005. Legislative Responses to Terrorism: A View from Britain. Penn State Law Review, Volume 947. FindLaw, 2012. An overview of anti-terror laws. [Online] Available at: http://www.findlaw.co.uk/law/government/civil_rights/500418.html [Accessed 11 december 2012]. Hickman, M. J., Thomas, L., Silvestri, S. & Nickels, H., 2011. A comparative study of the representations of ‘suspect’ communitiesin multi-ethnic Britain and of their impact onMuslim and Irish communities 1974-2007, s.l.: Economic and Social Science Research Council. House of Commons: Science and Technology Committee, 2003. The Scientific Response to Terrorism, U.K: House of Commons. Library of Congress, 2012. Pre-Charge Detention for Terrorist Suspects: United Kingdom. [Online] Available at: http://www.loc.gov/law/help/uk-pre-charge-detention.php [Accessed 11 december 2012]. Oxford Dictionary, 2012. Terrorism. [Online] Available at: http://oxforddictionaries.com/definition/english/terrorism?q=terrorism [Accessed 11 december 2012]. Terrorism Research, 2012. What is terrorism?. [Online] Available at: http://www.terrorism-research.com/ [Accessed 11 december 2012]. The Guardian, 2009. Anti-terrorism, Crime and Security Act 2001:An act amending the Terrorism Act 2001 and making further provision about terrorism and security. The guardian, 19 January. Read More