Amnesty Urges Rethink On CT Measures

Mon, 06 September 2010 Courtesy of: Guardian Unlimited

Control orders imposed on suspects, secret proceedings leading to deportations and the "virtually unlimited discretion" given to the police to stop and search must be abandoned in the government's continuing review of counter-terrorism powers, Amnesty International says today.

Control orders are incompatible with Britain's human rights obligations under international law, it says, given that they limit individuals' movements and activities based on secret information not disclosed to the individual concerned nor their lawyers, Amnesty argues in a submission to the government.

It adds that diplomatic assurances under memorandums of understanding containing diplomatic assurances that deportees will not be tortured and abused when sent home are unenforceable. Britain has signed memorandums with Lebanon, Jordan, Libya and Ethiopia.

“in the last 10 years there's been a serious over-reaction that's badly damaged human rights in this country”

Individuals are deported under decisions by the Special Immigration Appeals Commission which often meets in secret and makes rulings on the basis of secret material.

Amnesty also says it opposes as too long the 28-day limit under which people suspected of involvement in terrorism can be held without charge. "International treaties to which the UK is party require that people detained in connection with a criminal offence either be charged promptly and tried within a reasonable time ... or be released," it says.

It adds that Section 44 powers under the Terrorism Act 2000 gives the police sweeping authority to stop and search. While these powers may in theory be exercised "only for the purpose of searching for articles of a kind which could be used in connection with terrorism", the law explicitly states they "may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind".

"Protecting the public from terrorism is a vital concern for any government but in the last 10 years there's been a serious over-reaction that's badly damaged human rights in this country," said Jeremy Croft, head of Amnesty International's UK police section.

The review of anti-terrorism powers was launched in July by the Home Secretary, Theresa May.