Anti Terrorism Laws in the UK - Essay Example

Anti-terrorism laws in the UK restrict the human rights of individuals. Discuss. The present law within the UK has given the police the power to arrest any person suspected of terrorist activity and detain them without charge for a maximum of 28 days as amended by the Terrorism Act 2006 (Commencement No.2) order1. In cases where this has happened the suspect is not entitled to know the reason for their arrest and in some cases have been denied access to legal representation. Where they have been allowed legal representation this has been limited. Under the Human Rights Act 1998 it is stated that all persons should have the right to a fair trial2 and to privacy3. All persons should have the right not to be subjected to torture or degrading treatment. National press articles have suggested that suspected terrorists have occasionally been submitted to torture4 or degrading treatment. 5 Such imprisonment without trial directly contravenes Article 5 HRA, especially as the suspect is not told of the reason for their incarceration. It could be argued that Article 14 HRA has been breached with terrorist suspects as most detainees belong to a particular race, religion or political ideology. The above suggests that the civil liberties of suspects are being interfered with within the UK6. The Government defends its position on the grounds of protection of UK citizens and the nation. The possibility of terrorist attacks as witnessed on July 7 2005 adds weight to the Government’s insistence on employing such draconian measures and utilises the fear of the general public as a whole to ensure that there is no challenge to the present regime. The Government has used attacks in the UK and other countries7 to propagate the perception of the real threat of terrorist attacks8. Since 2000 various legislative items have been introduced with the aim of preventing terrorism. The Terrorism Act 2000 was aimed at making temporary provision about the punishment of certain offences in relation in particular to Northern Ireland. Part of the impetus of the Act was to maintain order and preserve peace in Northern Ireland. In 2001 the Anti-terrorism, Crime and Security Act was introduced in response to the attacks in the USA. The 2001 Act increased the powers of arrest and gave authorities greater powers of stop and search to prevent terrorist attacks. The prevention of Terrorism Act 2005 has increased the powers of those making the arrests to be able to further restrict the movements of suspected terrorists with the introduction of control orders9. These have been widely criticised as the burden of proof is based on reasonable suspicion that someone may have been involved or is likely to become involved in such activity10. Further restrictions and crimes have been added to the original listing11 under the Terrorism Act 2006 which has created additional offences of encouragement of terrorism and terrorist training12. It could be argued that there should be reforms making the use of the power of arrest proportionate to the real fear of attack13. Articles in the national press suggest that there is often an abuse of due process14 with arrests. Home Office Statistics highlight the increase in stop and searches since the Terrorism Act 200015. Economic and social research Council statistics highlighted arrests where the suspects have been released without charge16. Very few of those arrested were charged with terrorism. The Government has used fear of attack to introduce legislation to remove asylum seekers from the UK. The Anti-Terrorism Crime and Security Act 2001 highlighted the link between foreign nationals and asylum seekers with terrorism. Sections 21-25 of this Act gave the police the power to deport foreign nationals if they are perceived to be a risk to national security and a possible terrorist. In cases where deportation could not be employed the Act allowed the police to detain suspects without charge17. These powers have been enhanced by the Prevention of Terrorism Act 2005. In October 2005 a female was arrested for walking on a cycle path in Dundee on suspicion of terrorist activity. She was later released without charge. This highlights the extremes that the emergency services have gone to using the fear of terrorism as an excuse.18 Helen Fenwick in Civil Liberties and Human rights19 noted that the Governments stance that a suspect could rely on Article 8 HRA as a safeguard was a fallacy. She stated that the suspect is not entitled to disclosure in the same way as they would be in a normal criminal investigation. She also found that the courts would often allow the use of evidence that had been obtained in breach of Article 8 to be heard. Lord Hoffman in A and Others v Secretary of State for the Home Department [2004] UKHL 56 observed that the suspect is not entitled to be told the grounds upon which he has been suspected. In my opinion, such a power in any form is not compatible with our constitution. The real threat to the life of the nation, in the sense of a people living in accordance with its traditional laws and political values, comes not from terrorism but from laws such as these. That is the true measure of what terrorism may achieve. It is for Parliament to decide whether to give the terrorists such a victory.’ Others involved in research on whether UK legislation is too extreme have noted that there appears to be an unlawful use of discretionary powers of the Government20. In many respects the UK has opted out of Article 5 of the ECHR on the basis that the UN counter terrorism resolution should take precedence over the UK’s obligation to the Human Rights Committee21. In Blackstock v United Kingdom22 the way in which human rights are being breached was highlighted when the ECHR found there had been a breach of Article 5 HRA and awarded compensation for wrongful detention. The appeal hearing of SSHD v JJ & Ors23 made it clear house arrest on suspected terrorists offended against their human rights to freedom and liberty. The conclusion that can be drawn from the above is that although there appears to be a clear abuse of the HRA when dealing with terrorist suspects the justification for such measures is grounded on the perceived threat of harm to the general public. The Government has utilised the fear of the nation with regard to the threat to limit the human rights of suspected terrorists and to deprive them of the right to freedom enjoyed by other citizens. Bibliography Hoffman, D & Rowe, J QC Human Rights in the UK: An Introduction to the Human Rights Act 1998, 2nd ed, 2006. Pearson Education Limited. Barnett, H, Constitution and Administrative Law, 5th ed, 2004. Pearson Education Limited. Ramraj, V, Hor, M & Roach, K, Global Anti-Terrorist Law and Policy, 2005. Cambridge University Press. Fenwick, H, Civil Liberties and Human Rights, 3rd ed, 2004. Cavendish Publishing Press. Journals Brandon, B, “Human Rights and Rule of Law: 120 years of the UK’s Legal Response to Terrorism”, The Criminal Law Review Journal, Dec 2004 “Detention of foreign national terrorist suspects: compatibility with the European convention on Human Rights- A and Others v secretary of state for the Home Department [2004] UKHL 56” The Journal of Criminal Law, 2005 vol 69 issue 3 Birkinshaw, P J Prof, & Bonner, D “Checking the Executive? Detention without Trial control orders, Due process and Human Right” European Public Law 2006, vol 12, issue 1 European Human Rights Reports, Jan 2006, Editors- Tim Eicke Professor Nicholas Grief-cases Blackstock v United Kingdom (2006) 42 E.H.R.R.2 ( Human right; lawfulness of detention; Right to liberty) Websites http://www.antiwar.com http://web.amnesty.org http://www.hrw.org http://www.guardian.co.uk http://www.fairuk.org http://www.warmwell.coml http://www.eurolegal.org http://news.bbc.co.uk http://www.liberty-human-rights.org.uk http://www.parliament.uk http://www.homeoffice.gov.uk http://webjcli.ncl.ac.uk http://www.ukresilience.info http://www.eauk.org http://www.esrcsocietytoday.ac.uk Table of Statutes Anti-terrorism, Crime and Security Act 2001 Human Rights Act 1988 Prevention of Terrorism Act 2005 Terrorism Act 2000 Terrorism Act 2006 UK Intelligence Services Act of 1994 Read More