Anti-terrorism legislation
Encyclopedia
Anti-terrorism legislation designs various types of law
s passed in the aim of fighting terrorism
. They usually, if not always, follow specific bombings or assassination
s. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crime
s, under the grounds of necessity.
Because of this suspension of regular procedure, such legislation is sometimes criticized as a form of lois scélérates
which may unjustly repress all kinds of popular protests. Critics often allege that anti-terrorism legislation endangers democracy
by creating a state of exception
that allows authoritarian style of government.
, where young intellectuals, staunchly positivist
atheist
s, began to engage in a violent struggle against the Czar. Finding their influence in Nikolai Chernyshevsky
's What Is To Be Done?
, they began to advocate assassinations and bombings.
One of the first group, Zemlya y Volya
(Land and Liberty), formed of upper-class professional revolutionaries, started armed struggle against the Czar's regime. Sergey Nechayev
(1847–1882) would become one of the most famous figures of what quickly became known as a "Nihilist
" movement, whose fate was described by Albert Camus
in The Just Assassins
(1949) — Camus would later write a thoroughly thought-out essay on existentialism
rebellion and the use of violence in history in The Rebel (1951), which denounced both quietism and terrorism. Russian nihilists eventually succeeded in assassinating Alexander III
in 1881.
The "nihilist movement" then quickly spread to all of Europe, in particular via one of the founder of anarchism
, Mikhail Bakunin
, who fled to Switzerland, a haven for political refugees of the time. There, he joined the First International (IAW), which eventually theorized "propaganda of the deed
." Starting in the 1880s, a wave of bombings and assassination attempts, organized by people close to the anarchist movement, literally began to terrorize the governing classes. Propaganda of the deed was not necessary violent action, but often took that form.
Spinning on the right of rebellion, which had been theorized centuries ago by liberal thinker John Locke
, such anarchists had no moral problems in theorizing regicide
s and tyrannicide
s, since it was "for the good of the people." Bakunin thus wrote that "we must spread our principles, not with words but with deeds, for this is the most popular, the most potent, and the most irresistible form of propaganda."
As soon as 1887, several anarchists opposed themselves to what they saw as a self-defeating tactic, including Peter Kropotkin
, who wrote that year in Le Révolté
that "it is an illusion to believe that a few kilos of dynamite
will be enough to win against the coalition of exploiters". Kropotkin's pragmatism eventually proved to be more realist than the most radical anarchist's idealism. Soon, all the labour movement
was confronted to strong repression from the state, which did not manage to convince the people to start an insurrectionary and general strike
, as had been expected by the theorists of propaganda of the deed. Furthermore, as depicted in Joseph Conrad
's novel, agent provocateur
s also infiltrated the movement, permitting many arrests in the social movement.
In France, after Auguste Vaillant
's attempt, the "Opportunist Republicans
" voted in 1893 the first anti-terrorist laws, which were quickly denounced as lois scélérates
. These laws severely restricted freedom of expression. The first one condemned apology of any felony or crime as a felony itself, permitting widespread censorship of the press. The second one allowed to condemn any person directly or indirectly involved in a propaganda of the deed act, even if no killing was effectively carried on. The last one condemned any person or newspaper using anarchist propaganda
(and, by extension, socialist libertarians present or former members of the International Workingmen's Association (IWA):
Thus, free speech and encouraging propaganda of the deed or antimilitarism
was severely restricted. Some people were condemned to prison for rejoicing themselves of the 1894 assassination of French president Sadi Carnot
by the Italian anarchist Caserio. The Trial of the Thirty
took place in 1894, at the issue of which almost all the defendants were acquitted. The term of lois scélérates has since entered popular language to design any harsh or injust laws, in particular anti-terrorism legislation which often broadly represses the whole of the social movements.
The United Kingdom quickly became the last haven for political refugees, in particular anarchists, who were all conflated with the few who had engaged in bombings. Already, the First International had been founded in London in 1871, where Karl Marx
had taken refuge. But in the 1890s, the Kingdom became a nest for anarchist colonies expelled from the continent, in particular between 1892 and 1895, which marked the height of the repression. Louise Michel
, aka "the Red Virgin", Émile Pouget
or Charles Matato were the most famous of the many, anonymous anarchists, desertors
or simple criminals who had fled France and other European countries. A lot of them returned to France after President Félix Faure
's amnesty
in February 1895.
A few hundreds persons related to the anarchist movement would however remain in the UK between 1880 and 1914. The right of asylum was a British tradition since the Reformation
in the 16th century. However, it would progressively erode itself, and the French immigrants met with hostility. Several hate campaigns would be issued in the British press in the 1890s against these French exilees, relayed by riots and a "restrictionist" party which advocated the end of liberality concerning freedom of movement, and hostility towards French and international activists
Could the Kingdom continue to provide haven for activists which did not confine themselves to opposition in one single country, but which travel from country to country, theorizing in nternational Revolution
? Thus, strong debates began to shake the island, which finally decided to restrict freedom of movement
. Thus were created one of the first immigration
control laws. In a wholly different context, the same kind of debate would be lifted at the end of the 20th century, with the resurgence of international terrorism, this time under the guise of Islamic terrorism.
, predecessor of the United Nations
, began the elaboration of a convention for the prevention and punishment of terrorism. Although the Convention was eventually adopted in 1937, it never came into force.
Today, there are thirteen counter-terrorism international conventions in force. They were developed under the auspices of the United Nations and its specialized agencies and the International Atomic Energy Agency
(IAEA). Moreover, on 8 September 2006, the UN General Assembly adopted a "Global Counter-Terrorism Strategy"
A 14th international convention, a proposed Comprehensive Convention on International Terrorism
, is currently under negotiations.
restricting freedom of expression. Today, magistrates in the Justice Ministry
anti-terrorism unit have authority to detain people suspected of "conspiracy in relation to terrorism" while evidence is gathered against them.
The Reale Act was adopted on 22 May 1975. It allowed the police to carry out searches and arrest persons without being mandated by an investigative judge. Interrogation could take place without the presence of a lawyer. Critics underlined that this contradicted article 3 of the Constitution on equality before the law.
Preventive detention was fixed before 1970 to two years, for a possible sentence going between 20 years to perpetuity, while it was limited to one year for charges of crimes leading to a sentence of less than 20 years. It passed to four years after 1970. A decree-law of 11 April 1974 authorized a four years detention until the first judgment, six years until the appeal, and eight years until the definitive judgment. In case of indictment for "acts of terrorism," the preventive detention was extended to twelve years.
The Cossiga
decree-law was passed on 15 December 1979. It prolonged the length of preventive detention
relative to terrorism suspicions and allowed wiretaps. Critics have pointed out that this violated articles 15 and 27 of the Constitution. The Cossiga decree-law also created the status of pentito
(officially "collaborators of justice"): those accused of terrorism crimes and who accepted of confessing
them and of informing the authorities about their accomplices could be liberated.
Law n°191 of May 21, 1978, called "Moro law
", and law n°15 of February 6, 1980 were ratifications by the Assembly of decree
s of emergency enacted by the executive power, respectively on March 28, 1978 and on December 15, 1979
The Civil Rights Network opposes such legislation. Elizabeth Evatt
, a federal judge, has criticized John Howard
's 2005 anti-terrorism bill, particularly provisions relating to control orders and preventive detention, saying that "These laws are striking at the most fundamental freedoms in our democracy in a most draconian way."
, presided by Antonio Saca
of the right-wing ARENA
party, had adopted in September 2006 an anti-terrorist law. All major parties, including the FMLN, have criticized the law, claiming it could be used against social movements
The government first attempted to use the law against illegal street vendors who violently resisted removal by the police. These charges did not result in convictions.
In July 2007, the Salvadoran government charged fourteen people with acts of terrorism for their participation and/or association with a demonstration against privatization of the nation's water system. Charges were dismissed against one of those arrested. The remainder, known as the Suchitito 13, were released, but continued to face charges under the Special Law Against Terrorist Acts. The charges were reduced to "disorderly conduct" in early February 2008 and then completely dropped later in the month.
's presidency. The laws were criticized by Amnesty International
, who declared in its 2002 report that "Detainees falsely charged with “terrorism-related” offences in previous years remained held. “Anti-terrorism” legislation which had resulted in unfair trials since its introduction in 1992 remained in force. Members of the security forces accused of human rights violations continued to have their cases transferred to military courts.". Lori Berenson
, a US citizen serving a 20 years prison term in Peru, has been condemned in virtue of these laws, on charges of collaboration with the Túpac Amaru Revolutionary Movement
.
and effective since July 2007, officially aimed at tackling militants in the southern Philippines, including the Abu Sayyaf
group, which has links to al Qaeda and has been blamed for bombings and kidnappings in the region.
Under the law, 3 days warrantless detention are authorized, although arresting officers are obliged to immediately inform a judge about the arrest. Furthermore, detained terrorists are entitled to see a lawyer, a priest, a doctor, or family members. The law allows eavesdropping on suspects as well as access to bank accounts for authorities. Convictions could result in 40 years prison sentences, but compensations are provided for in case of miscarriage of justice
. Terrorism was defined by Section 3 as "sowing and creating a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand", a formulation criticized by Wilson Fortaleza, national president and third nominee of the labor party-list group Sanlakas
, who claimed the law could be used to crush political dissent.
adopted Government Regulation in Lieu of Law 1/2002. Under the Indonesian legal system, a Government Regulation in Lieu of Law has the same power as a parliament-enacted legislation, except that it can only be issued under emergency circumstances and is subject to review by the next parliamentary session. Nevertheless, Indonesian Parliament enacted this emergency regulation into Law 15/2003. As since, Indonesia has an anti-terror legislation with strong political support. The Anti Terror Law cultivates many criticism, however. The Law contained provisions which can circumvent normal criminal proceeding such as quick and long detention. One of the main contentious provision of the Law is that it allows Intelligence Information to be used as a preliminary evidence that can be used for apprehending a suspect. The role of Intelligegence Information as evidence has been a subject of hot debate in Indonesia
, summarizing the history of the human rights of Kurdish people in Turkey
; he was acquitted, however, in February 2002.
State Security Courts were transformed into Heavy Penal Courts following June 2004 reforms to the 1982 Constitution, enacted following the 1980 military coup.
As of 2008, detainees arrested under the Anti-Terror Law have access to lawyers at the very beginning of their detention.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s passed in the aim of fighting terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
. They usually, if not always, follow specific bombings or assassination
Assassination
To carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...
s. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s, under the grounds of necessity.
Because of this suspension of regular procedure, such legislation is sometimes criticized as a form of lois scélérates
Lois scélérates
The lois scélérates — a pejorative name — are a set of French laws restricting the 1881 freedom of the press laws passed under the Third Republic , after several bombings and assassination attempts carried out by anarchist proponents of "propaganda of the deed".The first law was passed on December...
which may unjustly repress all kinds of popular protests. Critics often allege that anti-terrorism legislation endangers democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
by creating a state of exception
State of exception
State of Exception may mean:* State of exception* State of Exception , a book written by Giorgio Agamben...
that allows authoritarian style of government.
Anti-terrorism in the 19th century
At the end of the 19th century, Russia, Europe and the United States were confronted to a new radical movement which engaged in violent and illegal acts. This movement was first created in Tsarist RussiaRussian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
, where young intellectuals, staunchly positivist
Positivism
Positivism is a a view of scientific methods and a philosophical approach, theory, or system based on the view that, in the social as well as natural sciences, sensory experiences and their logical and mathematical treatment are together the exclusive source of all worthwhile information....
atheist
Atheism
Atheism is, in a broad sense, the rejection of belief in the existence of deities. In a narrower sense, atheism is specifically the position that there are no deities...
s, began to engage in a violent struggle against the Czar. Finding their influence in Nikolai Chernyshevsky
Nikolai Chernyshevsky
Nikolay Gavrilovich Chernyshevsky was a Russian revolutionary democrat, materialist philosopher, critic, and socialist...
's What Is To Be Done?
What Is To Be Done? (novel by Chernyshevsky)
What is to be Done? is a novel written by the Russian philosopher, journalist and literary critic Nikolai Chernyshevsky when imprisoned in the Peter and Paul Fortress of St. Petersburg. It was written partly in response to Fathers and Sons by Ivan Turgenev...
, they began to advocate assassinations and bombings.
One of the first group, Zemlya y Volya
Land and Liberty (Russia)
Land and Liberty was a Russian clandestine revolutionary organization of Narodniki in the 1870s...
(Land and Liberty), formed of upper-class professional revolutionaries, started armed struggle against the Czar's regime. Sergey Nechayev
Sergey Nechayev
Sergey Gennadiyevich Nyechayev was a Russian revolutionary associated with the Nihilist movement and known for his single-minded pursuit of revolution by any means necessary, including political violence.-Early life in Russia:...
(1847–1882) would become one of the most famous figures of what quickly became known as a "Nihilist
Nihilist movement
The Nihilist movement was a Russian movement in the 1860s which rejected all authorities. It is derived from the Latin word "nihil", which means "nothing"...
" movement, whose fate was described by Albert Camus
Albert Camus
Albert Camus was a French author, journalist, and key philosopher of the 20th century. In 1949, Camus founded the Group for International Liaisons within the Revolutionary Union Movement, which was opposed to some tendencies of the Surrealist movement of André Breton.Camus was awarded the 1957...
in The Just Assassins
The Just Assassins
The Just Assassins is a 1949 play by Algerian writer and philosopher Albert Camus....
(1949) — Camus would later write a thoroughly thought-out essay on existentialism
Existentialism
Existentialism is a term applied to a school of 19th- and 20th-century philosophers who, despite profound doctrinal differences, shared the belief that philosophical thinking begins with the human subject—not merely the thinking subject, but the acting, feeling, living human individual...
rebellion and the use of violence in history in The Rebel (1951), which denounced both quietism and terrorism. Russian nihilists eventually succeeded in assassinating Alexander III
Alexander III of Russia
Alexander Alexandrovich Romanov , historically remembered as Alexander III or Alexander the Peacemaker reigned as Emperor of Russia from until his death on .-Disposition:...
in 1881.
The "nihilist movement" then quickly spread to all of Europe, in particular via one of the founder of anarchism
Anarchism
Anarchism is generally defined as the political philosophy which holds the state to be undesirable, unnecessary, and harmful, or alternatively as opposing authority in the conduct of human relations...
, Mikhail Bakunin
Mikhail Bakunin
Mikhail Alexandrovich Bakunin was a well-known Russian revolutionary and theorist of collectivist anarchism. He has also often been called the father of anarchist theory in general. Bakunin grew up near Moscow, where he moved to study philosophy and began to read the French Encyclopedists,...
, who fled to Switzerland, a haven for political refugees of the time. There, he joined the First International (IAW), which eventually theorized "propaganda of the deed
Propaganda of the deed
Propaganda of the deed is a concept that refers to specific political actions meant to be exemplary to others...
." Starting in the 1880s, a wave of bombings and assassination attempts, organized by people close to the anarchist movement, literally began to terrorize the governing classes. Propaganda of the deed was not necessary violent action, but often took that form.
Spinning on the right of rebellion, which had been theorized centuries ago by liberal thinker John Locke
John Locke
John Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...
, such anarchists had no moral problems in theorizing regicide
Regicide
The broad definition of regicide is the deliberate killing of a monarch, or the person responsible for the killing of a monarch. In a narrower sense, in the British tradition, it refers to the judicial execution of a king after a trial...
s and tyrannicide
Tyrannicide
Tyrannicide literally means the killing of a tyrant, or one who has committed the act. Typically, the term is taken to mean the killing or assassination of tyrants for the common good. The term "tyrannicide" does not apply to tyrants killed in battle or killed by an enemy in an armed conflict...
s, since it was "for the good of the people." Bakunin thus wrote that "we must spread our principles, not with words but with deeds, for this is the most popular, the most potent, and the most irresistible form of propaganda."
As soon as 1887, several anarchists opposed themselves to what they saw as a self-defeating tactic, including Peter Kropotkin
Peter Kropotkin
Prince Pyotr Alexeyevich Kropotkin was a Russian zoologist, evolutionary theorist, philosopher, economist, geographer, author and one of the world's foremost anarcho-communists. Kropotkin advocated a communist society free from central government and based on voluntary associations between...
, who wrote that year in Le Révolté
Le Révolté
Le Révolté was an anarcho-communist journal started by Peter Kropotkin, along with François Dumartheray and Georg Herzig, in February 1879. The journal was partially funded by Elisée Reclus, Kropotkin's mentor. At the time of the journal's founding, Reclus and Kropotkin were living in the village...
that "it is an illusion to believe that a few kilos of dynamite
Dynamite
Dynamite is an explosive material based on nitroglycerin, initially using diatomaceous earth , or another absorbent substance such as powdered shells, clay, sawdust, or wood pulp. Dynamites using organic materials such as sawdust are less stable and such use has been generally discontinued...
will be enough to win against the coalition of exploiters". Kropotkin's pragmatism eventually proved to be more realist than the most radical anarchist's idealism. Soon, all the labour movement
Labour movement
The term labour movement or labor movement is a broad term for the development of a collective organization of working people, to campaign in their own interest for better treatment from their employers and governments, in particular through the implementation of specific laws governing labour...
was confronted to strong repression from the state, which did not manage to convince the people to start an insurrectionary and general strike
General strike
A general strike is a strike action by a critical mass of the labour force in a city, region, or country. While a general strike can be for political goals, economic goals, or both, it tends to gain its momentum from the ideological or class sympathies of the participants...
, as had been expected by the theorists of propaganda of the deed. Furthermore, as depicted in Joseph Conrad
Joseph Conrad
Joseph Conrad was a Polish-born English novelist.Conrad is regarded as one of the great novelists in English, although he did not speak the language fluently until he was in his twenties...
's novel, agent provocateur
Agent provocateur
Traditionally, an agent provocateur is a person employed by the police or other entity to act undercover to entice or provoke another person to commit an illegal act...
s also infiltrated the movement, permitting many arrests in the social movement.
In France, after Auguste Vaillant
Auguste Vaillant
Auguste Vaillant was a French anarchist, most famous for his bomb attack on the French Chamber of Deputies on 9 December 1893. The government's reaction to this attack was the passing of the infamous repressive Lois scélérates.He threw the home-made device from the public gallery and was...
's attempt, the "Opportunist Republicans
Opportunist Republicans
The Opportunist Republicans , also known as the Moderates , were a faction of French Republicans who believed, after the proclamation of the Third Republic in 1870, that the regime could only be consolidated by successive phases...
" voted in 1893 the first anti-terrorist laws, which were quickly denounced as lois scélérates
Lois scélérates
The lois scélérates — a pejorative name — are a set of French laws restricting the 1881 freedom of the press laws passed under the Third Republic , after several bombings and assassination attempts carried out by anarchist proponents of "propaganda of the deed".The first law was passed on December...
. These laws severely restricted freedom of expression. The first one condemned apology of any felony or crime as a felony itself, permitting widespread censorship of the press. The second one allowed to condemn any person directly or indirectly involved in a propaganda of the deed act, even if no killing was effectively carried on. The last one condemned any person or newspaper using anarchist propaganda
Propaganda
Propaganda is a form of communication that is aimed at influencing the attitude of a community toward some cause or position so as to benefit oneself or one's group....
(and, by extension, socialist libertarians present or former members of the International Workingmen's Association (IWA):
"1. Either by provocation or by apology... [anyone who has] encouraged one or several persons in committing either a stealing, or the crimes of murder, looting or arson...; 2. Or has addressed a provocation to military from the Army or the Navy, in the aim of diverting them from their military duties and the obedience due to their chiefs... will be deferred before courts and punished by a prison sentence of three months to two years.
Thus, free speech and encouraging propaganda of the deed or antimilitarism
Antimilitarism
Antimilitarism is a doctrine commonly found in the anarchist and, more globally, in the socialist movement, which may both be characterized as internationalist movements. It relies heavily on a critical theory of nationalism and imperialism, and was an explicit goal of the First and Second...
was severely restricted. Some people were condemned to prison for rejoicing themselves of the 1894 assassination of French president Sadi Carnot
Marie François Sadi Carnot
Marie François Sadi Carnot was a French statesman and the fourth president of the Third French Republic. He served as the President of France from 1887 until his assassination in 1894.-Early life:...
by the Italian anarchist Caserio. The Trial of the Thirty
Trial of the thirty
The Trial of the Thirty was a trial in 1894 in Paris, France, aimed at legitimizing the lois scélérates passed in 1893-1894 against the anarchist movement and restricting press freedom by proving the existence of an effective association between anarchists.Lasting from 6 August-31 October in 1894,...
took place in 1894, at the issue of which almost all the defendants were acquitted. The term of lois scélérates has since entered popular language to design any harsh or injust laws, in particular anti-terrorism legislation which often broadly represses the whole of the social movements.
The United Kingdom quickly became the last haven for political refugees, in particular anarchists, who were all conflated with the few who had engaged in bombings. Already, the First International had been founded in London in 1871, where Karl Marx
Karl Marx
Karl Heinrich Marx was a German philosopher, economist, sociologist, historian, journalist, and revolutionary socialist. His ideas played a significant role in the development of social science and the socialist political movement...
had taken refuge. But in the 1890s, the Kingdom became a nest for anarchist colonies expelled from the continent, in particular between 1892 and 1895, which marked the height of the repression. Louise Michel
Louise Michel
Louise Michel was a French anarchist, school teacher and medical worker. She often used the pseudonym Clémence and was also known as the red virgin of Montmartre...
, aka "the Red Virgin", Émile Pouget
Émile Pouget
Émile Pouget was a French anarcho-communist, who adopted tactics close to those of anarcho-syndicalism...
or Charles Matato were the most famous of the many, anonymous anarchists, desertors
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
or simple criminals who had fled France and other European countries. A lot of them returned to France after President Félix Faure
Félix Faure
Félix François Faure was President of France from 1895 until his death.-Biography:Félix François Faure was born in Paris, the son of a small furniture maker...
's amnesty
Amnesty
Amnesty is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent people, without changing the laws defining the offense. It includes more than pardon, in as much as it obliterates all legal remembrance of the...
in February 1895.
A few hundreds persons related to the anarchist movement would however remain in the UK between 1880 and 1914. The right of asylum was a British tradition since the Reformation
Protestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
in the 16th century. However, it would progressively erode itself, and the French immigrants met with hostility. Several hate campaigns would be issued in the British press in the 1890s against these French exilees, relayed by riots and a "restrictionist" party which advocated the end of liberality concerning freedom of movement, and hostility towards French and international activists
Could the Kingdom continue to provide haven for activists which did not confine themselves to opposition in one single country, but which travel from country to country, theorizing in nternational Revolution
Internationalism (politics)
Internationalism is a political movement which advocates a greater economic and political cooperation among nations for the theoretical benefit of all...
? Thus, strong debates began to shake the island, which finally decided to restrict freedom of movement
Freedom of movement
Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
. Thus were created one of the first immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
control laws. In a wholly different context, the same kind of debate would be lifted at the end of the 20th century, with the resurgence of international terrorism, this time under the guise of Islamic terrorism.
International conventions related to terrorism and counter-terrorism cases
Terrorism has been on the international agenda since 1934, when the League of NationsLeague of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
, predecessor of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, began the elaboration of a convention for the prevention and punishment of terrorism. Although the Convention was eventually adopted in 1937, it never came into force.
Today, there are thirteen counter-terrorism international conventions in force. They were developed under the auspices of the United Nations and its specialized agencies and the International Atomic Energy Agency
International Atomic Energy Agency
The International Atomic Energy Agency is an international organization that seeks to promote the peaceful use of nuclear energy, and to inhibit its use for any military purpose, including nuclear weapons. The IAEA was established as an autonomous organization on 29 July 1957...
(IAEA). Moreover, on 8 September 2006, the UN General Assembly adopted a "Global Counter-Terrorism Strategy"
Conventions open to all states
- 1961 Vienna Convention on Diplomatic RelationsVienna Convention on Diplomatic RelationsThe Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or...
- 1963 Vienna Convention on Consular RelationsVienna Convention on Consular RelationsThe Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent countries...
- 1963 Convention on Offences and Certain Other Acts Committed On Board Aircraft (Tokyo Convention, agreed 9/63—safety of aviation)
- 1970 Convention for the Suppression of Unlawful Seizure of Aircraft (Hague Convention)
- 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil AviationMontreal ConventionThe Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage by Air, is a treaty adopted by a Diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention's regime concerning compensation for the...
(Montreal Convention) - 1979 Convention on the Physical Protection of Nuclear MaterialConvention on the Physical Protection of Nuclear MaterialThe Convention on the Physical Protection of Nuclear Material was adopted on 26 October 1979 in Vienna, Austria. The initial signing ceremony took place in Vienna and at New York on 3 March 1980, and the convention entered into force on 8 February 1987. The convention is deposited with the...
(Nuclear Materials Convention) - 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation
- 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation
- 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf
- 1991 Convention on the Marking of Plastic Explosives for the Purpose of Identification
- 1997 International Convention for the Suppression of Terrorist BombingsInternational Convention for the Suppression of Terrorist BombingsThe 1997 United Nations International Convention for the Suppression of Terrorist Bombings is a multilateral treaty open to the ratification of all states designed to criminalize the unlawful and intentional use of explosives in public places with intention to kill, to injure, or to cause...
. - 1999 International Convention for the Suppression of the Financing of TerrorismInternational Convention for the Suppression of the Financing of TerrorismThe 1999 United Nations International Convention for the Suppression of the Financing of Terrorism is a multilateral treaty open to the ratification of all states designed to criminalize acts thos who finance terrorist activities and to promote police and judicial cooperation to prevent,...
- 2005 International Convention for the Suppression of Acts of Nuclear TerrorismInternational Convention for the Suppression of Acts of Nuclear TerrorismThe 2005 United Nations International Convention for the Suppression of Acts of Nuclear Terrorism is a multilateral treaty open to the ratification of all states designed to criminalize acts of nuclear terrorism and to promote police and judicial cooperation to prevent, investigate and punish...
A 14th international convention, a proposed Comprehensive Convention on International Terrorism
Comprehensive Convention on International Terrorism
The Comprehensive Convention on International Terrorism is a proposed treaty which intends to criminalize all forms of international terrorism and deny terrorists, their financiers and supporters access to funds, arms, and safe havens...
, is currently under negotiations.
Security Council Resolutions
- UN Security Council Resolution 731United Nations Security Council Resolution 731UN Security Council Resolution 731, adopted unanimously on 21 January 1992, after recalling resolutions 286 and 635 which condemned acts of terrorism, the Council expressed its concern over the results of invesigations into the destruction of Pan Am Flight 103 over Lockerbie, Scotland, and UTA...
(January 21, 1992) - UN Security Council Resolution 748United Nations Security Council Resolution 748UN Security Council Resolution 748, adopted unanimously on 31 March 1992, after reaffirming Resolution 731 , the Council decided, under Chapter VII of the United Nations Charter, that the Government of Libya must now comply with requests from investigations relating to the destruction of Pan Am...
(March 31, 1992) - UN Security Council Resolution 883United Nations Security Council Resolution 883UN Security Council Resolution 883, adopted on 11 November 1993, after reaffirming resolutions 731 and 748 , the Council noted that, twenty months later, Libya had not complied with previous Security Council resolutions and as a consequence imposed further international sanctions on the...
(November 11, 1993) - September 28, 2001 United Nations Security Council Resolution 1373United Nations Security Council Resolution 1373United Nations Security Council Resolution 1373, adopted unanimously on September 28, 2001, is a counter-terrorism measure passed following the September 11 terrorist attacks on the United States...
adopted under Chapter VII of the United Nations CharterChapter VII of the United Nations CharterChapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
, which makes it legally binding to member states. Among other provisions, it favored the exchange of intelligenceIntelligenceIntelligence has been defined in different ways, including the abilities for abstract thought, understanding, communication, reasoning, learning, planning, emotional intelligence and problem solving....
between member states and legislative reforms. It established the United Nations Security Council Counter-Terrorism CommitteeUnited Nations Security Council Counter-Terrorism CommitteeThe Counter-Terrorism Committee is a subsidiary body of the United Nations Security Council.In the wake of the 11 September 2001 terrorist attacks in the United States, the United Nations Security Council unanimously adopted resolution 1373, which, among its provisions, obliges all States to...
(CTC) to monitor state compliance with its provisions. Later resolutions concerning the same matter were UNSC resolutions 1390United Nations Security Council Resolution 1390United Nations Security Council Resolution 1390, adopted unanimously on January 16, 2002, after recalling resolutions 1267 , 1333 , 1363 , 1368 , 1373 1378 and 1383 concerning the situation in Afghanistan and terrorism, the Council imposed further sanctions on Osama bin Laden, Al-Qaeda, the...
, 1456United Nations Security Council Resolution 1456United Nations Security Council Resolution 1456, adopted unanimously on January 20, 2003 in a meeting at the foreign minister level, the Council adopted a declaration calling on all states to prevent and suppress all support for terrorism...
, 1535 (which restructured the CTC), 1566, and 1624.
Europe
- 1977 European Convention on the Suppression of Terrorism (Strasbourg, January 1977)
- 2003 Protocol (Strasbourg, May 2003)
- 2006 Council of Europe Convention on the Prevention of TerrorismCouncil of Europe Convention on the Prevention of TerrorismThe Council of Europe Convention on the Prevention of Terrorism 2006 [CECPT] is a regional multilateral treaty negotiated under the auspices of the Council of Europe...
Commonwealth of Independent States
- Treaty on Cooperation among States Members of the Commonwealth of Independent States in Combating Terrorism (Minsk, June 1999)
North and South America
- Organisation of American States Convention to Prevent and Punish Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion that are of International Significance (Washington, D.C. February 1971)
- Inter-American Convention Against TerrorismInter-American Convention Against TerrorismThe Inter-American Convention Against Terrorism was adopted by the member countries of the Organization of American States at its General Assembly held in Bridgetown, Barbados, on 3 June 2002...
AG/RES. 1840 (XXXII-O/02) (Bridgetown, June 2002)
Africa
- Organisation of African Union Convention on the Prevention and Combating of Terrorism (Algiers July 1999) and the Protocol to that Convention, Addis Ababa July 2004) [as of 30 August 2005 the Protocol was not yet in force]
Asia
- SAARC Regional Convention on Suppression of Terrorism (Kathmandu, November 1987)
- Additional Protocol to the Convention, Islamabad, January 2004 [As of 30 August 2005 not yet in force].
- The ASEAN Convention On Counter Terrorism, Cebu, Philippines, 13 January 2007 [As of 17 February 2007 not yet in force]
League of Arab States
- Arab Convention on the Suppression of Terrorism (Cairo, April 1998)
Organization of the Islamic Conference
- Convention of the Organization of the Islamic Conference on Combating International Terrorism (Ouagadougou, July 1999)
European Union
European Court of Human Rights cases related to anti-terrorist legislation
- Anna Maroufidou v. Sweden - 1981
- Brogan and others v. the UK - 11209/84;11234/84;11266/84;... [1988] ECHR 24 (29 November 1988)
France
France has passed a variety of anti-terrorist laws, the first of which being the 19th century lois scélératesLois scélérates
The lois scélérates — a pejorative name — are a set of French laws restricting the 1881 freedom of the press laws passed under the Third Republic , after several bombings and assassination attempts carried out by anarchist proponents of "propaganda of the deed".The first law was passed on December...
restricting freedom of expression. Today, magistrates in the Justice Ministry
Minister of Justice (France)
The Ministry of Justice is controlled by the French Minister of Justice , a top-level cabinet position in the French government. The current Minister of Justice is Michel Mercier...
anti-terrorism unit have authority to detain people suspected of "conspiracy in relation to terrorism" while evidence is gathered against them.
Italy
Italy passed various anti-terrorist laws during the "years of lead" (anni di piombo) in the 1970s.The Reale Act was adopted on 22 May 1975. It allowed the police to carry out searches and arrest persons without being mandated by an investigative judge. Interrogation could take place without the presence of a lawyer. Critics underlined that this contradicted article 3 of the Constitution on equality before the law.
Preventive detention was fixed before 1970 to two years, for a possible sentence going between 20 years to perpetuity, while it was limited to one year for charges of crimes leading to a sentence of less than 20 years. It passed to four years after 1970. A decree-law of 11 April 1974 authorized a four years detention until the first judgment, six years until the appeal, and eight years until the definitive judgment. In case of indictment for "acts of terrorism," the preventive detention was extended to twelve years.
The Cossiga
Francesco Cossiga
Francesco Cossiga was an Italian politician, the 43rd Prime Minister and the eighth President of the Italian Republic. He was also a professor of constitutional law at the University of Sassari....
decree-law was passed on 15 December 1979. It prolonged the length of preventive detention
Preventive detention
Preventive detention is an imprisonment that is not imposed as the punishment for a crime, but in order to prevent a person from committing a crime, if that person is deemed likely to commit a crime....
relative to terrorism suspicions and allowed wiretaps. Critics have pointed out that this violated articles 15 and 27 of the Constitution. The Cossiga decree-law also created the status of pentito
Pentito
Pentito designates people in Italy who, formerly part of criminal or terrorist organizations, following their arrests decide to "repent" and collaborate with the judicial system to help investigations...
(officially "collaborators of justice"): those accused of terrorism crimes and who accepted of confessing
Confession
This article is for the religious practice of confessing one's sins.Confession is the acknowledgment of sin or wrongs...
them and of informing the authorities about their accomplices could be liberated.
Law n°191 of May 21, 1978, called "Moro law
Aldo Moro
Aldo Moro was an Italian politician and the 39th Prime Minister of Italy, from 1963 to 1968, and then from 1974 to 1976. He was one of Italy's longest-serving post-war Prime Ministers, holding power for a combined total of more than six years....
", and law n°15 of February 6, 1980 were ratifications by the Assembly of decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
s of emergency enacted by the executive power, respectively on March 28, 1978 and on December 15, 1979
United Kingdom
- See UK Anti-terror legislation
Australia
- Australian anti-terrorism legislation, 2004Australian anti-terrorism legislation, 2004Three anti-terrorism bills were enacted in the Australian Parliament in 2004 by a Coalition government with the Labor opposition's support. These were the Anti-terrorism bill, 2004, the Anti-terrorism bill , 2004 and the Anti-terrorism bill , 2004.-Anti-terrorism bill, 2004:The Attorney-General,...
- Australian Anti-Terrorism Act 2005Australian Anti-Terrorism Act 2005The Anti-Terrorism Act 2005 is legislation intended to hamper the activities of any potential terrorists in Australia. It was passed by the Commonwealth Parliament on 6 December 2005.- Chronology :...
The Civil Rights Network opposes such legislation. Elizabeth Evatt
Elizabeth Evatt
Elizabeth Andreas Evatt, AC , an emminent Australian reformist lawyer and jurist who sat on numerous national and international tribunals and commissions, was the first Chief Judge of the Family Court of Australia, the first female judge of an Australian federal court, and the first Australian to...
, a federal judge, has criticized John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
's 2005 anti-terrorism bill, particularly provisions relating to control orders and preventive detention, saying that "These laws are striking at the most fundamental freedoms in our democracy in a most draconian way."
India
- Terrorist and Disruptive Activities (Prevention) ActTerrorist and Disruptive Activities (Prevention) ActTerrorist and Disruptive Activities Act, commonly known as TADA, was an Indian law active between 1985 and 1995 for the prevention of terrorist activities in Punjab. It came into effect on 23 May 1985. It was renewed in 1989, 1991 and 1993 before being allowed to lapse in 1995 due to increasing...
(1985–1995) - Prevention of Terrorist Activities ActPrevention of Terrorist Activities ActThe Prevention of Terrorist Activities Act was an anti-terrorism legislation enacted by the Parliament of India in 2002. The act replaced the Prevention of Terrorism Ordinance of 2001 and the Terrorist and Disruptive Activities Act , and was supported by the governing National Democratic Alliance...
(2002–2004) - Unlawful Activities Prevention Act
Pakistan
- Suppression of Terrorist Activities Ordinance, 1975 enacted by Zulfikar Ali BhuttoZulfikar Ali BhuttoZulfikar Ali Bhutto was 9th Prime Minister of Pakistan from 1973 to 1977, and prior to that, 4th President of Pakistan from 1971 to 1973. Bhutto was the founder of the Pakistan Peoples Party — the largest and most influential political party in Pakistan— and served as its chairman until his...
. The law remained in force in the SindhSindhSindh historically referred to as Ba'ab-ul-Islam , is one of the four provinces of Pakistan and historically is home to the Sindhi people. It is also locally known as the "Mehran". Though Muslims form the largest religious group in Sindh, a good number of Christians, Zoroastrians and Hindus can...
Province and the PunjabPunjab (Pakistan)Punjab is the most populous province of Pakistan, with approximately 45% of the country's total population. Forming most of the Punjab region, the province is bordered by Kashmir to the north-east, the Indian states of Punjab and Rajasthan to the east, the Pakistani province of Sindh to the...
Province until its repeal in 1997, and remained the law in the North West Frontier Province (NWFP) and BaluchistanBalochistan (Pakistan)Balochistan is one of the four provinces or federating units of Pakistan. With an area of 134,051 mi2 or , it is the largest province of Pakistan, constituting approximately 44% of the total land mass of Pakistan. According to the 1998 population census, Balochistan had a population of...
until August 2001. - 1997 Anti-Terrorism Act, signed on August 17, 1997 by then Prime Minister Nawaz SharifNawaz SharifMian Mohammad Nawaz Sharif is a Pakistani conservative politician and steel magnate who served as 12th Prime Minister of Pakistan in two non-consecutive terms from November 1990 to July 1993, and from February 1997 to October 12, 1999...
. The law, which included a broad definition of "terrorism", was enacted after a January 1997 bombing by Mehram Ali, a member of the Shia militant organization Tehrik Nifaz Fiqh-i-Jafaria (TNFJ). The Anti-Terrorism Act created specials Anti-Terrorism CourtsAnti Terrorism Court of PakistanAnti Terrorism Court was established in Pakistan, under Nawaz Sharif's government, to deal with terrorism cases.- 1997 creation and subsequent amendments :...
(ATC) as well as an Anti-Terrorism Appellate (ATA) Tribunal. Merham Ali was subsequently tried before those special courts, but made an appeal to the Supreme Court, which confirmed his death sentence, but declared most of the 1997 Anti-Terrorism Act unconstitutional. - 24 October 1998 Anti-Terrorism (Amendment) Ordinance issued by Nawaz Sharif's government to respond to most of the Supreme Court's objections. According to political scientist Charles H. Kennedy, "Special Anti-Terrorism courts remained in place but the judges of such courts were granted tenure of office (two years, later extended to two and one-half years); the special Appellate Tribunals were disbanded, appeals against the decisions of the Anti-Terrorism courts would henceforth be to the respective High Courts; and restrictions were placed on the earlier act’s provisions regarding trial in absentiaIn absentiaIn absentia is Latin for "in the absence". In legal use, it usually means a trial at which the defendant is not physically present. The phrase is not ordinarily a mere observation, but suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial.In...
to accord with regular legal procedures.". - Pakistan Armed Forces (Acting in Aid of Civil Power) Ordinance, 1998. Applying itself to the Sindh Province, the ordinance granted broad judicial powers to the military. It also created the new crime of "civil commotion," which exposed to a penalty of 7 firm prison years. The ordinance defined "civil commotion" as
"creation of internal disturbances in violation of law or intended to violate law, commencement or continuation of illegal strikesStrike actionStrike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
, go-slows, lock-outs, vehicle snatching/lifting, damage to or destruction of State or private property, random firing to create panic, charging bhatha
[protection money/extortion], acts of criminal trespass, distributing, publishing or pasting of a handbill or making graffitiGraffitiGraffiti is the name for images or lettering scratched, scrawled, painted or marked in any manner on property....
or wall-chalking intended to create unrest or fear or create a threat to the security of law and order..."
- 30 January 1999: the Pakistan Armed Forces Ordinance of 1998 is extended to the whole country. It was also amended to enable "absconders" from justice to be tried in absentia by any military court. The opposition filed many constitutional petitions challenging the validity of the ordinance, resulting in Liaquat Hussain versus Federation of Pakistan issued on 22 February 1999. The Supreme Court declared the ordinance “unconstitutional, without legal authority, and with no legal effect.”. It rejected Nawaz Sharif's claim that the ordinance was temporary and limited to Sindh Province.
- 27 April 1999: repeal of the Armed Forces (Acting in Aid of Civil Power) ordinance. However, "civil commotion" is included as a crime under the Anti-Terrorism Act of 1997.
- 27 August 1999: amendment to the Anti-Terrorism Act, authorizing ATCAnti Terrorism Court of PakistanAnti Terrorism Court was established in Pakistan, under Nawaz Sharif's government, to deal with terrorism cases.- 1997 creation and subsequent amendments :...
(Anti Terrorism Court) in all of the country.
United Kingdom
- Prevention of Terrorism Act (Northern Ireland)Prevention of Terrorism Act (Northern Ireland)The Prevention of Terrorism Acts were a series of Acts of the Parliament of the United Kingdom from 1974 to 1989 that conferred emergency powers upon police forces where they suspected terrorism....
, 1974–89 - Terrorism Act 2000Terrorism Act 2000The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996...
- Anti-terrorism, Crime and Security Act 2001Anti-terrorism, Crime and Security Act 2001The Anti-Terrorism, Crime and Security Act 2001 was formally introduced into the Parliament of the United Kingdom on 19 November 2001, two months after the terrorist attacks on New York on 11 September. It received royal assent and came into force on 14 December 2001...
(the Racial and Religious Hatred ActRacial and Religious Hatred Act 2006The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion...
was supposed to be part of it as provisions, but it was dropped) - The Prevention of Terrorism Act 2005Prevention of Terrorism Act 2005The Prevention of Terrorism Act 2005 is an Act of the Parliament of the United Kingdom, intended to deal with the Law Lords' ruling of 16 December 2004 that the detention without trial of eight foreigners at HM Prison Belmarsh under Part 4 of the Anti-terrorism, Crime and Security Act 2001...
is intended to deal with the Law Lords' ruling of 16 December 2004, that the detention without trial of nine foreigners at HM PrisonHer Majesty's Prison ServiceHer Majesty's Prison Service is a part of the National Offender Management Service of the Government of the United Kingdom tasked with managing most of the prisons within England and Wales...
BelmarshBelmarsh (HM Prison)HM Prison Belmarsh is a Category A men's prison, located in the Thamesmead area of the London Borough of Greenwich, in south-east London, England. Belmarsh Prison is operated by Her Majesty's Prison Service...
under Part IV of the Anti-terrorism, Crime and Security Act 2001 was unlawful, being incompatible with the European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. It was given Royal AssentRoyal AssentThe granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 11 March 2005. The Act allows the Home SecretaryHome SecretaryThe Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
to impose "control orderControl orderA control order is an order made by the Home Secretary of the United Kingdom to restrict an individual's liberty for the purpose of "protecting members of the public from a risk of terrorism". Its definition and power were provided by Parliament in the Prevention of Terrorism Act 2005...
s" on people he suspects of involvement in terrorismTerrorismTerrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, which in some cases may derogate (opt out) from human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
laws. In April 2006, a High Court judge issued a declaration that section 3 of the Act was incompatible with the right to a fair trial under article 6 of the European Convention on Human Rights. The Act was described by Mr Justice SullivanJeremy SullivanSir Jeremy Mirth Sullivan PC has been a Lord Justice of Appeal since 2009.He was educated at Framlingham College and King's College London and was called to the Bar at Inner Temple in 1968 where he became a bencher in 1993.By 1976 Sullivan was Counsel for the Department of Environment's M25...
as an 'affront to justice'. Amnesty InternationalAmnesty InternationalAmnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
, Human Rights WatchHuman Rights WatchHuman Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, JUSTICEJUSTICEJUSTICE is a human rights and law reform organisation based in the United Kingdom. It is the British section of the International Commission of Jurists, the international human rights organisation of lawyers devoted to the legal protection of human rights worldwide...
and LibertyLiberty (pressure group)Liberty is a pressure group based in the United Kingdom. Its formal name is the National Council for Civil Liberties . Founded in 1934 by Ronald Kidd and Sylvia Crowther-Smith , the group campaigns to protect civil liberties and promote human rights...
have opposed it. Criticism of the Act included complaints about the range of restrictions that could be imposed, the use of closed proceedings and special advocates to hear secret evidence against the detainee, and the possibility that evidence against detainees may include evidence obtained in other countries by torture. - The Terrorism Act 2006Terrorism Act 2006The Terrorism Act 2006 is an Act of the Parliament of the United Kingdom that received Royal Assent on 30 March 2006, after being introduced on 12 October 2005. The Act creates new offences related to terrorism, and amends existing ones. The Act was drafted in the aftermath of the 7 July 2005...
increased the limit of pre-charge detention for terrorist suspects to 28-days after a rebellion by Labour MPs. Originally, the Government, and Prime Minister Tony Blair, had pushed for a 90-day detention period, but this was reduced to 28-days after a vote in the House of Commons. Home Office Minister Damian Green announced on 20 January 2011 that the period would revert to 14 days as the order extending the period to 28 days would be allowed to lapse at midnight on 24 January. - The Counter-Terrorism Bill 2008Counter-Terrorism Bill 2008The Counter-Terrorism Act 2008 is an Act of the Parliament of the United Kingdom which increased police powers for the stated purpose of countering terrorism...
is currently going before the UK Parliament, with a clause which aims to increase the limit of pre-charge detention for terrorism suspects to 42-days, however this is currently the subject of much controversy and on-going debate within UK politics. As of 11 June 2008, Prime Minister Gordon Brown narrowly won a House of Commons vote on extending the maximum time police can hold terror suspects to 42 days. The marginal decision, where nine Democratic Unionist MPs decided to vote with him resulting in a 315:306 majority sparked astonishing scenes in the House of Commons as furious Tory MPs shouted "traitors", "shame" and "you've been bought" at the Northern Ireland politicians sitting alongside them.
Federal
- Biological Weapons Anti-Terrorism Act of 1989Biological Weapons Anti-Terrorism Act of 1989The Biological Weapons Anti-Terrorism Act of 1989 was a piece of U.S. legislation that was passed into law in 1990. It provided for the implementation of the Biological Weapons Convention as well as criminal penalties for violation of its provisions...
- Executive Order 12947Specially Designated TerroristA Specially Designated Terrorist is any person who is determined by the U.S. Secretary of the Treasury to be a specially designated terrorist under notices or regulations issued by the Office of Foreign Assets Control ....
signed by President Bill Clinton Jan. 23, 1995, Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process, and later expanded to include freezing the assets of Osama bin LadenOsama bin LadenOsama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
and others. - Omnibus Counterterrorism Act of 1995Omnibus Counterterrorism Act of 1995Omnibus Counterterrorism Act of 1995, US Senate bills S.390 and S.761. Senator Joe Biden introduced the bill on behalf of the Clinton Administration on Feb. 10, 1995. The bill was co sponsored by Senators Alfonse D'Amato, Dianne Feinstein, Robert J. Kerrey, Herb Kohl, Jon Kyl, Barbara A. Mikulski...
- US Antiterrorism and Effective Death Penalty Act of 1996Antiterrorism and Effective Death Penalty Act of 1996The Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, is an act of Congress signed into law on April 24, 1996...
(see also the LaGrand caseLaGrand caseThe LaGrand case was a legal action heard before the International Court of Justice which concerned the Vienna Convention on Consular Relations...
which opposed in 1999-2001 Germany to the US in the International Court of JusticeInternational Court of JusticeThe International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
concerning a German citizen convicted of armed robbery and murder, and sentenced to death) - Executive Order 13224Executive Order 13224Executive Order 13224 is an executive order signed into law by U.S. President George W. Bush on September 23, 2001 as a response to the September 11, 2001 attacks....
, signed by President George W. Bush Sept. 23, 2001, among other things, authorizes the seizure of assets of organizations or individuals designated by the Secretary of the Treasury to assist, sponsor, or provide material or financial support or who are otherwise associated with terrorists. 66 Fed. Reg. 49,079 (Sept. 23, 2001). - 2001 Uniting and Strengthening America by Providing Appropriate Tools for Intercepting and Obstructing Terrorism Act (USA PATRIOT Act)(amended March 2006)USA PATRIOT ActThe USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
(the Financial Anti-Terrorism Act was integrated to it) - Homeland Security Act of 2002, Pub. L. 107-296.
- Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act) of 2002Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act) of 2002The SAFETY Act of 2002is part of the Homeland Security Act under Public Law 107-296.-What is the SAFETY Act?:...
- Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005
- REAL ID ActREAL ID ActThe REAL ID Act of 2005, , was an Act of Congress that modified U.S. federal law pertaining to security, authentication, and issuance procedures standards for the state driver's licenses and identification cards, as well as various immigration issues pertaining to terrorism.The law set forth...
of 2005 - Animal Enterprise Terrorism ActAnimal Enterprise Terrorism ActThe Animal Enterprise Terrorism Act is a United States federal law that prohibits any person from engaging in certain conduct "for the purpose of damaging or interfering with the operations of an animal enterprise." The statute covers any act that either "damages or causes the loss of any real or...
of 2006 - Military Commissions Act of 2006Military Commissions Act of 2006The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
Chile
Human Rights Watch has criticized the Chilean government for inappropriately using anti-terrorist legislation against indigenous (Mapuche) groups involved in land conflicts. While the legislation in question was originally enacted by the Pinochet dictatorship, the democratic governments that have followed have actually increased its severity. Human Rights Watch has expressed special concern that the current version of the law lists arson as a “terrorist” offence. This has allowed the application of the law against Mapuche vandals. While recognizing that crimes have certainly been committed, the international organization believes that they are not comparable to terrorist acts.El Salvador
El SalvadorEl Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
, presided by Antonio Saca
Antonio Saca
Elías Antonio Saca González is a Salvadoran politician and was the President of El Salvador. He was elected President in 2004 to serve a five-year term that ended in 2009....
of the right-wing ARENA
Nationalist Republican Alliance
The Nationalist Republican Alliance is a conservative political party in El Salvador. It was founded on September 30, 1981, by Roberto D'Aubuisson, in order to oppose the reformist military junta that was ruling El Salvador at the time...
party, had adopted in September 2006 an anti-terrorist law. All major parties, including the FMLN, have criticized the law, claiming it could be used against social movements
The government first attempted to use the law against illegal street vendors who violently resisted removal by the police. These charges did not result in convictions.
In July 2007, the Salvadoran government charged fourteen people with acts of terrorism for their participation and/or association with a demonstration against privatization of the nation's water system. Charges were dismissed against one of those arrested. The remainder, known as the Suchitito 13, were released, but continued to face charges under the Special Law Against Terrorist Acts. The charges were reduced to "disorderly conduct" in early February 2008 and then completely dropped later in the month.
Peru
Peru adopted anti-terrorist laws in 1992, under Alberto FujimoriAlberto Fujimori
Alberto Fujimori Fujimori served as President of Peru from 28 July 1990 to 17 November 2000. A controversial figure, Fujimori has been credited with the creation of Fujimorism, uprooting terrorism in Peru and restoring its macroeconomic stability, though his methods have drawn charges of...
's presidency. The laws were criticized by Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
, who declared in its 2002 report that "Detainees falsely charged with “terrorism-related” offences in previous years remained held. “Anti-terrorism” legislation which had resulted in unfair trials since its introduction in 1992 remained in force. Members of the security forces accused of human rights violations continued to have their cases transferred to military courts.". Lori Berenson
Lori Berenson
Lori Helene Berenson is an American convicted in Peru of unlawful collaboration with the Túpac Amaru Revolutionary Movement , which the Peruvian government regarded as a terrorist organization, and which had committed numerous attacks in attempting to overthrow the government...
, a US citizen serving a 20 years prison term in Peru, has been condemned in virtue of these laws, on charges of collaboration with the Túpac Amaru Revolutionary Movement
Túpac Amaru Revolutionary Movement
The Túpac Amaru Revolutionary Movement was a Marxist revolutionary group active in Peru from the early 1980s to 1997 and one of the main actors in the internal conflict in Peru...
.
Philippines
The Human Security Act of 2007, signed into law by President Gloria Macapagal-ArroyoGloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
and effective since July 2007, officially aimed at tackling militants in the southern Philippines, including the Abu Sayyaf
Abu Sayyaf
Abu Sayyaf also known as al-Harakat al-Islamiyya is one of several military Islamist separatist groups based in and around the southern Philippines, in Bangsamoro where for almost 30 years various Muslim groups have been engaged in an insurgency for an independent province in the country...
group, which has links to al Qaeda and has been blamed for bombings and kidnappings in the region.
Under the law, 3 days warrantless detention are authorized, although arresting officers are obliged to immediately inform a judge about the arrest. Furthermore, detained terrorists are entitled to see a lawyer, a priest, a doctor, or family members. The law allows eavesdropping on suspects as well as access to bank accounts for authorities. Convictions could result in 40 years prison sentences, but compensations are provided for in case of miscarriage of justice
Miscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
. Terrorism was defined by Section 3 as "sowing and creating a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand", a formulation criticized by Wilson Fortaleza, national president and third nominee of the labor party-list group Sanlakas
Sanlakas
Sanlakas Kids is an upcoming 2011 Philippine TV fantasy series on ABS-CBN about a group of superheroes created by Mars Ravelo. The show, called Sanlakas earlier in its development process, is part of the Komiks Presents Mars Ravelo series....
, who claimed the law could be used to crush political dissent.
Indonesia
Following the October 2002 Bali bombings IndonesiaIndonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
adopted Government Regulation in Lieu of Law 1/2002. Under the Indonesian legal system, a Government Regulation in Lieu of Law has the same power as a parliament-enacted legislation, except that it can only be issued under emergency circumstances and is subject to review by the next parliamentary session. Nevertheless, Indonesian Parliament enacted this emergency regulation into Law 15/2003. As since, Indonesia has an anti-terror legislation with strong political support. The Anti Terror Law cultivates many criticism, however. The Law contained provisions which can circumvent normal criminal proceeding such as quick and long detention. One of the main contentious provision of the Law is that it allows Intelligence Information to be used as a preliminary evidence that can be used for apprehending a suspect. The role of Intelligegence Information as evidence has been a subject of hot debate in Indonesia
Turkey
Article 8 of the Anti-Terror Law (Law 3713; April 1991), slightly amended in 1995 and later repealed, imposed three-year prison sentences for "separatist propaganda." Despite its name, the Anti-Terror Law punished many non-violent offences. Pacifists have been imprisoned under Article 8. For example, publisher Fatih Tas was prosecuted in 2002 under Article 8 at Istanbul State Security Court for translating and publishing writings by Noam ChomskyNoam Chomsky
Avram Noam Chomsky is an American linguist, philosopher, cognitive scientist, and activist. He is an Institute Professor and Professor in the Department of Linguistics & Philosophy at MIT, where he has worked for over 50 years. Chomsky has been described as the "father of modern linguistics" and...
, summarizing the history of the human rights of Kurdish people in Turkey
Human rights of Kurdish people in Turkey
Human rights of Kurdish people in Turkey looks at the human rights of Kurds in Turkey.- Education :In Turkey, the only language of instruction in the education system is Turkish....
; he was acquitted, however, in February 2002.
State Security Courts were transformed into Heavy Penal Courts following June 2004 reforms to the 1982 Constitution, enacted following the 1980 military coup.
As of 2008, detainees arrested under the Anti-Terror Law have access to lawyers at the very beginning of their detention.
See also
- Anti-Socialist LawsAnti-Socialist LawsThe Anti-Socialist Laws or Socialist Laws were a series of acts, the first of which was passed on October 19, 1878 by the German Reichstag lasting till March 31, 1881, and extended 4 times...
passed in Germany in 1878 - High policingHigh policingHigh policing is a form of intelligence-led policing that serves to protect the national government or a conglomerate of national governments from internal threats; that is, any policing operations integrated into domestic intelligence gathering, national security, or international security...
- National securityNational securityNational security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- State of emergencyState of emergencyA state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
External links
- Counter-terrorism Legislation and Practice: A Survey of Selected Countries, British Foreign Office, October 2005 - this report outlines current anti-terrorism legislation in ten democratic nations, including the United States, Canada, Australia and a portion of Europe.
- Human Rights First: In Pursuit of Justice; Prosecuting Terrorism Cases in the Federal Courts (2009)