130
Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January – June 2007
State authorities were more preoccupied
with proving the lack of involvement of
high-level State officials in the case than
discovering
the
truth
about
the
circumstances of the disappearance and
death of the applicant’s husband.”
UNITED KINGDOM
Terrorism measures (update to AI
Index: EUR 01/001/2007)
Offence of “encouragement of terrorism”
In January,
the
Parliamentary Joint
Committee on Human Rights (JCHR)
published its report on the Council of
Europe Convention on the Prevention of
Terrorism (Convention), which the UK had
signed but not, by the end of the reporting
period, ratified.
In considering whether the offence of
“encouragement of terrorism” created by
the Terrorism Act 2006 was compatible with
the Convention, the JCHR noted that the UK
government had claimed that this offence
had been introduced to implement Article 5
of the Convention. The JCHR highlighted
differences “between the encouragement of
terrorism offence in s. 1 of the Terrorism
Act 2006 and the offence of public
provocation to commit a terrorist offence in
Article 5 of the Convention, each of which
makes the scope of the UK offence broader
than the offence required to be created by
the Convention”. In light of this, the JCHR
considered that there was “considerable
risk of incompatibility with the right to
freedom of expression”. AI had expressed a
similar concern that the scope of the
offence significantly exceeded what was
required by the Convention (see AI Index:
POL 10/001/2007 – UK).
The JCHR also expressed concern that the
offence of “encouragement of terrorism”
lacked any requirement to prove the danger
of a terrorist offence being in fact
committed, thereby omitting “an important
safeguard”. The JCHR also noted that the
concept of “glorification” included within the
definition of the domestic offence was “too
Amnesty International
vague”. In light of its concerns, the JCHR
concluded that “the Government cannot
and should not ratify the Convention
because the UK’s domestic law is not
compatible with it”.
Home
Secretary
terrorism Bill
announces
new
In June, the then Home Secretary
announced that a new Bill with the stated
aim of countering terrorism would be
brought forward later in the year. Of
particular
concern
to
AI
was
the
government’s stated belief
that the
maximum period for which people could be
detained by the police without charge under
terrorism laws should be extended beyond
the existing 28-day limit. AI had opposed
the previous extension from 14 to 28 days
of the maximum length of pre-charge
detention (see AI Index: EUR 01/001/2007).
Lotfi Raissi (update to AI Index: EUR
45/004/2006)
On 21 September 2001 Lotfi Raissi, a 32year-old Algerian pilot, was arrested for his
alleged participation in the attacks on 11
September 2001. He was subsequently
detained in a cell at Belmarsh high security
prison for 23 hours a day for almost five
months, on the basis of an extradition
request by the US authorities. In April 2002
a judge dismissed the case, saying that
there had been “no evidence” whatsoever
to support the allegation that he was
involved in terrorism.
In June 2004, Lotfi Raissi asked to be
compensated under the Home Secretary’s
“Ex Gratia Scheme”, which exists to
compensate victims of miscarriages of
justice. The then Home Secretary, however,
stated that the scheme was not designed
for extradition proceedings and rejected
Lotfi Raissi’s claim.
In February, the High Court of England and
Wales (High Court) endorsed the Home
Secretary’s position and rejected Lotfi
Raissi’s claim that the Home Secretary was
AI Index: EUR 01/010/2007
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