Terrorist Legislation in the UK - Essay Example

TERRORIST LEGISLATION IN UK Terrorism legislation usually refers to laws passed by governments seeking to protect individuals from acts of terrorism around the world. Many of these legislative measures are commonly includes bypassing other laws, based on grounds of necessity. Regular legal procedures become suspended when administrating legislation regarding terrorism. The suspension of numerous legal procedures becomes a contagious issue among many proponents of following of legal procedures. Making legal exemptions becomes regarded by legislatures as constituting breaking of the law. Terrorist legislations continue to face criticism regarding the exemption of some legislative acts. Critics have continuously blamed terrorist legislation for endangering democracy through suspending other legal acts, hence allowing authoritarian governance. Many critics refer to the human rights laws which are commonly violated when implementing terrorist legislation. The effects of such incursions upon human rights remain prevalent among many societies which have adopted terrorist legislation. The European Convention on Human Rights refers to a regional treaty within European Union region, established in 1950 and ratified by all member states. The convention contributed to the establishment of European Court of Human Rights, through which individuals who felt their rights had been violated by a state party could seek redress. Creation of this court enabled individuals to participate in human rights protection at the international level. The convention consists of eighteen (18) articles, and article five (5) refers to the right to liberty and security. The article presents individuals suspected of various criminal acts to liberty if their suspicion is based on lawful arrest or detention. Despite the numerous legislations which might fail to accord suspects such liberty, the article presents a platform for seeking redress, under many circumstances. Member states to the treaty, which established the article, are required to make legislative clauses within the provisions of ECHR Article 5 of ECHR provides liberty to individuals who have been arrested on suspicion, by offering them rights to various legal protection services. In accordance to the article, individuals suspected under any circumstances and arrested within the provisions of a valid legislative act must be accorded the legal rights described by article 5. The article recognizes all laws, including anti-terrorism legislation which has been criticized by human rights activists as depriving individuals of their basic human rights. The article defines liberty as presenting a person arrested or detained under any legislative act, with legal rights accorded to other persons. In providing legal rights to individuals arrested under suspicion of involvement in terrorist activities, the member states to the treaty appear not to violate the human rights of the individuals. Terrorism suspects are also presented with an opportunity to seek redress through the provisions of the article, when they become violated. The article remains a guideline providing human rights protection for suspected terrorist. Despite many objections presented by human rights activists, terrorism legislation within the United Kingdom falls within the legislative clauses recognised by the article. The article presents an opportunity through which suspects can seek redress when they feel having being violated through arresting and subsequent detention. The terrorism legislation in United Kingdom requires all suspect held under the legislature to be detained before being charged. While other criminal offences could warrant release on bond, suspicion of terrorism does not provide such privileges. This is because the individuals suspected of terrorism are presumed dangerous and presenting significant security threat. Detention of suspects remains limited to a period of 24 hrs. before charging, for suspicion under other legislative provisions. The terrorism legislation becomes exempted from this requirement, however, the extended detention must be granted by a court of law, or other competent legal authorities, acting under similar capacity. Article 5 of the ECHR does not specify the duration of time which an individual can be detained, under suspicion, before being charged. The terrorism legislature of United Kingdom therefore presents minimal threat to the elements of human rights provided by other legislation within the country. While police might have faced numerous allegations of abuse, regarding execution of the terrorism legislation, the problems do not fall within the provision of the legislature. Undertaking abusive procedures does not fall within the provision of the legislature. The law only provides for detention of the suspects while investigations continue, since the suspects might interfere with investigations, and present a significant threat if released to the society. The law seeks to present justice to suspected terrorists, while preserving the rule of law, through ensuring that individuals become treated fairly, even during detention. Illegal methods of retrieving information from suspects are not accommodated within the provisions of the terrorism legislature. Much of the human rights for suspected terrorists and individuals arrested in connection to terrorism activities remain provided within the European legislation. Individuals arrested and subsequently detained under terrorism suspicion can utilise article 5 of ECHR in seeking redress, if mistreated while under detention. The provisions of the article support elements of detaining individuals under for suspicion and subsequent bringing of such individuals before competent legal authority. Within the United Kingdom’s terrorism legislation, detention without charge for suspects remains based on the requirement to collect further incriminating information regarding the suspect. Such detention, therefore, remain within the limitations of the article in seeking to present the suspects before competent legal authority. Since the British laws provide for such detention, the terrorism legislation within United Kingdom provides minimal infiltrations into article 5 of ECHR. The state laws regarding terrorism must be applied in administering justice to suspected terrorists as they are the governing authorities, as long as they do not contravene the provisions of the ECHR. With the United Kingdom, there are numerous terrorism legislation acts, which seek to provide procedures regarding treatment of terrorism suspects. The first act passed by the parliament in UK was the terrorism act 2000, which superseded previous acts adopted within the country. The powers provided by this legislation became issues of continued controversies, linking police with allegation of abuse; consequently resulting in numerous legal challenges within various courts. Section 41 provided for detention without charge for individuals suspected of involvement in terrorism and other related activities, threatening national security. The period of detention could also be extended to seven days, if deemed necessary by authorities. Though the act was faced with numerous objections from human rights activists, the provisions remained within the provisions of article 5 of the ECHR. The article requires the suspects to be accorded their legal rights for representation and fair trial. The terrorism act of 2000 has undergone numerous amendments since its enactment by the UK parliament, much of which have been focused on the detention of the suspects before charging them. The anti-terrorism act of 2001 was enacted seeking to enhance the handling of terrorism related suspects, in the wake of American attacks of 9/11. The act was described as a draconian law and subsequently replaced with Prevention of Terrorism Act 2005. The subsequent act sought to address the problems of detention without trial for terrorism suspects, which was provided by the previous legislation. This was deemed incompatible with the ECHR and the country’s human rights provisions; subsequently resulting in the abolishment of the law and enactment of legislation. These changes in the terrorism legislation have continuously ensures transformation of the legal system through the consideration of various human rights, governed by the ECHR Through the guidelines provided by the ECHR, various amendments into the terrorism legislation have been enacted within the United Kingdom. These enactments have been focused in ensuring minimal abuse of human rights, which has been associated with terrorism legislation. The guidelines have ensured that terrorism suspects become accorded the legal rights accorded to suspects. Due to the nature of threats presented by terrorism suspects, however, many anti-terrorism laws ensure that the suspects remain detained as investigations continue. The ECHR provides these individuals with an opportunity to seek redress if they presume that their rights became violated during detention. The ECHR does not provide suspects with opportunities for being released on bonds, because of the threat presented by these suspects. Despite many challenges which have faced terrorism legislation across the world, governing treaties like the ECHR have provided essential guidelines in providing justice to terrorism suspects. The emphasis on the provision of legal rights to suspects has enhanced the observation of human rights when handling terrorism suspects. The abuse of human rights and other fundamental rights to suspects have been significantly reduced. Many terrorism legislations have been faulted as presenting multiple human rights abuses. Human rights activists have continuously faulted terrorism legislation and enforcement organisations as undertaking countless abuse of fundamental rights of suspects. The threats presented by terrorism have, however necessitated the legislative measures undertaken by some legislative authorities. While minimising the abuse of human rights by terrorism legislation, the ECHR, through article 5 accords terror suspects with legal rights in Europe. This statute has been fundamental in ensuring success in the implementation of terrorism legislation. Reference Council of Europe (EC) 24/26 European Convention on Human Rights [1950] OJ LETS5 Read More