TERRORISM AND HUMAN RIGHTS

learning objectives • identify human rights that are threatened by

terrorism • explain why methods used by international

community to combat terrorist have been criticised by human rights organisations

human rights

the Universal Declaration of Human Rights sets out the fundamental rights and freedoms shared by all human beings.

human rights • the right to life • the right to privacy • the right to freedom of association • the right to political participation • the right to freedom of expression

human rights • the right not to be arbitrarily arrested • the right to a fair trial • the right not to be discriminated against • the right not to be tortured • the right to life

terrorism and human rights

The human cost of terrorism has been felt in virtually every corner of the globe. Terrorism has a very real and direct impact on human rights, with devastating consequences for the enjoyment of the right to life, liberty and physical integrity of victims.

terrorism and human rights

terrorism can destabilise Governments, undermine civil society, jeopardise peace and security, and threaten social and economic development. All of these also have a real impact on the enjoyment of human rights.

terrorism and human rights

Security of the individual is a basic human right and the protection of individuals is, accordingly, a fundamental obligation of Government.

terrorism and human rights

States therefore have an obligation to ensure the human rights of their nationals and others by taking positive measures to protect them against the threat of terrorist acts and bringing the perpetrators of such acts to justice.

terrorism and human rights

In recent years, however, the measures adopted by States to counter terrorism have themselves often posed serious challenges to human rights and the rule of law.

terrorism and human rights

Although terrorists lose some of their rights as a consequence of committing a crime, this does not mean they lose all of their rights. Fundamental human rights, which are non-derogable under international law, can never be denied to an individual, under no circumstances, with no exceptions.

full body scanners

numerous concerns have been raised about the use of full body scanners and their impact on an individual’s rights. In addition to fears that the body scanners contravene privacy laws, some have suggested that the scanners could breach child pornography laws - by producing naked images of children.

Passenger profiling

Passenger profiling remains an extremely controversial security technique for monitoring passengers. Passenger profiling means picking out travellers for extra security checks because of characteristics, such as their race or religion, which make them more likely to pose a threat.

Passenger profiling

opponents of passenger profiling argue that it is against individual’s right to privacy. supporters claim that it protecting the security of a nation justifies compromising the rights of the individual.

stop and search

in 2010 The european court of human rights ruled it was unlawful for police to use the powers, under section 44 of the Terrorism Act 2000, to stop and search people without needing any grounds for suspicion.

no-fly lists

no-fly lists were introduced in many countries in the wake of the 9/11 attacks. these lists are secret and government has argued that their Disclosure would significantly impair the government’s ability to investigate and counteract terrorism.

temporary passport seizure

temporary passport seizure was introduced under the counter-terrorism and security act 2015 for people suspected of intending to leave Great Britain or the United Kingdom in connection with terrorism-related activity.

temporary passport seizure

temporary passport seizure of foreign passports involves the seizing of another country’s property, in addition to the personal infringement upon an individual’s right to travel.

detention

The Protection of Freedoms Act 2012 permanently reduced the pre-charge detention period from 28 to a maximum of 14 days by amending the Terrorism Act 2006.

detention 14 days is still the longest period of pre-charge detention of any comparable democracy. In the USA the limit is two days, in Ireland it is seven, in Italy it is four and in Canada it is just one.

detention

critics argue that Extended detention without charge is against basic democratic principles of justice, fairness and liberty. it is also against Article 5(3) of the European Convention on Human Rights which states that suspects should be entitled to trial within a reasonable time or to release pending trial.

rendition

Rendition means the handing over or surrender of a terrosit suspect from one state to another, and providing such transfers comply with national and international law, it is an accepted legal process. One example of a lawful rendition is the extradition of a defendant to face trial in another country.

rendition

Rendition becomes unlawful when a suspect is handed over without the permission of a judicial authority or, after the transfer, that person is tortured or held in breach of their human rights.

rendition Since the 1980s, the United States has increasingly turned to rendition as a judicial and extra-judicial method for dealing with foreign defendants. The advantage for the American intelligence and security services is that that they can get other countries to torture suspects in conditions that would be unlawful under US law.

airports used by the cia in the extraordinary rendition of terror suspects Source: Council of europe 2006

torture

torture is defined in the UN Convention on Torture and Cruel, Inhumane and Degrading Treatment. torture involves causing severe physical or mental suffering to the victim, is incited intentionally, and is used to obtain information or a confession or to punish, intimidate or coerce.

torture the prohibition against torture or any form of cruel, inhuman, or degrading treatment or punishment is an absolute human right that allows for no exception, even during times of emergency.

torture

Governments often deny that torture is used by their law enforcement or intelligence agencies or military forces. nevertheless, the practice of subjecting terrorist suspects to torture became widespread after 9/11.

arguments against human rights of terrorist suspects • Public safety is a greater good than following rules that

allow terrorists to flourish in our midst • Peacetime laws do not apply in times of war • detention, Rendition and torture are not new tactics, and

governments often use illegal methods to protect national security

arguments for human rights of terrorist suspects • If we permit the torture of terrorists we undermine the core

respect for human dignity • Intelligence gained from torture is unreliable and cannot be

used in a court to convict terror suspects • we cannot violate the law whenever it suits us