Liberty - Protecting civil liberties, promoting human rights

Liberty’s concerns about the new Terrorism Bill (to be introduced on 12 October) include:

• Proposals to create new offences of encouragement of terrorism, including statements which ‘glorify’ terrorist acts, and dissemination of terrorist publications are extremely broadly drafted. They do not require any intention to incite others to commit criminal acts. The Terrorism Act 2000 (TA) and existing common law means there is already very broad criminal law. Any difficulty in bringing prosecutions can be largely attributed to factors such as the self imposed ban on the admissibility of intercept evidence.
• Plans to allow three month detentions without charge will have a severe impact on community relations. This would allow for the equivalent of a six month custodial sentence. It is over twenty times the pre charge detention time limit for murder. If the police have genuine difficulties in gathering evidence we should look for more proportionate ways of dealing with the problem.
• Extension of the grounds for proscription under the Terrorism Act will criminalise membership or support of non-violent political parties. It is not possible to overstate the implications of criminalising non-violent organisations on the basis of their opinions. This is an incredibly dangerous road for the Government of a democratic state to consider.

Liberty Director Shami Chakrabarti said:

“The shockingly broad speech offence threatens freedom of conscience and has turned the charge of glorification into a negligence test. Of equal concern is the 90-day proposal which is no doubt the first bid in an auction to determine the amount of time a defendant can be held when the true debate is whether it should be extended at all.”

The Government is also seeking to water-down its commitment against torture over the coming months by:

• Plans this week to seek “diplomatic assurances” from Libya that they will not torture foreign nationals deported from the UK
• The Government’s challenge in the European Court of Human Rights in the upcoming Ramzy case which seeks to overturn a foreign national’s right not to be returned to his country to face torture.
• An appeal to the Law Lords in the “A” case brought by 10 foreign nationals who are currently interned without charge or trial will challenge the earlier finding that evidence obtained by torture is admissible in court on 17 October

Shami Chakrabarti said:
“The Prime Minister's tough talk will now face the rational scrutiny of Parliament and the judiciary who we hope will send the clear message that a little bit of torture is never okay. Shame on any government which seeks to trim the absolute rule against torture; its arguments against dictators and terrorists will soon ring hollow. We can only truly promote public safety when we agree to uphold the rights of individuals in accordance with British values.”

Liberty Press Office on 0207 378 3656 or 07973 831 128

Notes to editors:

Liberty Director Shami Chakrabarti and Policy Director Gareth Crossman will testify in front of the Home Affairs Select Committee on the new Anti-Terror bill on 11 October. Liberty Director Shami Chakrabarti will give a keynote speech at Oxford University’s esteemed Hands lecture on 11 October. Liberty Director Shami Chakrabarti will speak at a Public Meeting entitled “Uniting Communities, Defeating Terrorism” on 12 October at 6:30pm at Central Westminster Hall, Storey’s Gate, London SW1H 9NH Fourteen organizations including the AIRE Centre, Amnesty International, the Committee on the Administration of Justice, Doctors for Human Rights, Human Rights Watch, the International Federation of Human Rights, Interights, the Law Society, Liberty, the Medical Foundation for the Care of Victims of Torture, REDRESS, and the World Organisation Against Torture are intervening in the “A” case appeal to be heard by the Law Lords from 17-20 October.