Keywords:

Tags:

Strasbourg, 07.11.2005 -- On the occasion of the third reading of the Terrorism Bill in the British Parliament, Terry Davis, the Secretary General of the Council of Europe, has issued the following written statement:

“Fighting terror with measures which neglect human rights can be compared to treating a chronic disease with painkillers – they may offer short-lived relief, but they risk making matters worse in the long term. Respect for human rights is not only a moral imperative, but also a matter of common sense.

I am making these comments in reaction to the situation in the United Kingdom, but they would equally apply to other Council of Europe member states which are considering anti-terrorist legislation. If anything, the intensity and the openness of the debate in the United Kingdom, which has led the government to announce that it may modify some of its proposals, could serve as an example to others.

I should like to contribute to this debate with few short but essential points.

First, the new offences about the encouragement of terrorism are covered by the Council of Europe’s Convention on the Prevention of Terrorism which was agreed by all 46 members of the Council of Europe in May. The same approach has now been recommended by UN Security Council Resolution 1624. The justification or glorification of terrorist acts may indeed incite further terrorist acts, but the European Convention on Human Rights requires that restrictions on freedom of expression must not be disproportionate. The definition of prohibited conduct must be precise and foreseeable. There should be no chilling effect on free speech. It is also unfortunate that although the United Kingdom signed this Anti-Terrorism Convention in May, we are still waiting for it to be ratified six months later.

Second, any significant extension of detention periods must be accompanied by strong safeguards against arbitrary or excessively long detention. The European Convention on Human Rights requires that such powers are exercised with the utmost restraint and under strict and independent judicial control.

Experience all over Europe has shown that prolonged periods of pre-trial detention expose detainees to the risk of psychological and physical ill-treatment and may also undermine the right to a fair trial and the presumption of innocence. Arrest or detention must be based on reasonable suspicion that specific offences have been committed. The mere fact that individuals are regarded as a threat to national security is not sufficient. Prosecuting authorities must use detention periods effectively and diligently to further ongoing investigations. Continued incarceration is justified only if specific indications show a genuine requirement in the public interest which, notwithstanding the presumption of innocence, prevails over the rule requiring respect for individual liberty.

Third, the application of anti-terror powers should be closely monitored to prevent any discriminatory or racist treatment.

I support the underlying objectives of the Terrorism Bill, but I am concerned that some of the proposed measures may infringe human rights and may therefore be counterproductive. I encourage the United Kingdom and all other members of the Council of Europe to use our Guidelines on Human Rights and the Fight against Terrorism as a blue-print for national policies and legislation in this area. It is entirely possible to devise a forceful and effective anti-terror campaign which complies with the standards of the European Convention on Human Rights. What we should not do, is accept the false dilemma of choosing between freedom and security – at the risk of losing both.”


Press Contact
Council of Europe Press Division
Tel. +33 3 88 41 25 60 - Fax. +33 3 88 41 39 11
E-mail: PressUnit@coe.int