06 Feb 2008

Liberty today welcomed the Privy Council Report’s findings that a new framework can be introduced to allow the use of intercept evidence in criminal trials and called for 42 day detention proposal to be scrapped.

For several years the human rights group has called for phone tap evidence to be admissible in court as a tool for prosecutors instead of more divisive anti-terror measures such as extending pre-charge detention periods.

Liberty Director Shami Chakrabarti said:

“This Privy Council Report may herald a new common sense in counter-terror policy. It opens the door for intelligence and legal experts to work together so that terror suspects may be fairly charged and brought to trial - not detained for long periods on mere suspicion. There should be no question of allowing 42 day pre-charge detention until this and other proportionate alternatives are pursued.”

“If they can use phone taps in court all over the world without compromising security, why shouldn’t we? A British public concerned about excessive surveillance might be comforted if judges authorized the warrants and the material put to more effective use.”

Liberty is concerned about the proliferation of surveillance in Britain. However, the judicial scrutiny required in court will bring more transparency and accountability to privacy protection. Allowing phone-tap evidence is logical and preferable to anti-terror measures like excessive pre-charge detention limits which give a propaganda victory to extremists.

In addition to its proposal to remove the bar on the use of intercept evidence in terror cases, Liberty has also suggested the following counter-terror proposals instead of pre-charge detention:

- Allow post-charge questioning in terror cases provided that the initial charge is legitimate and there is judicial oversight. This will allow for a charge to be supplemented with further offences at a later stage.

- Hire more interpreters: Prioritise the hiring of more foreign language interpreters to expedite pre-charge questioning and other procedures.

- Add resources: More resources for police and intelligence services.

- Emergency measures in the Civil Contingencies Act 2004 could already be triggered in a genuine emergency in which the police are overwhelmed by multiple terror plots, allowing the Government to temporarily extend pre-charge detention subject to Parliamentary and judicial oversight. Safeguards offered by Government today offer far less protection than that offered in the Civil Contingencies Act.

Contact: Jen Corlew on 0207 378 3656 or 0797 3 831 128

Notes to Editors

1. For a copy of Liberty’s evidence to the Chilcot Privy Council Review in 2007 contact jenc@liberty-human-rights.org.uk

2. Presently, the products of “bugs” or listening devices are admissible in court but telephone material is not. For more details on surveillance and privacy matters, see Liberty’s 150-page report, Overlooked: Surveillance and Personal Privacy in Britain.

3. In December 2007 Liberty formally launched its Charge or Release campaign to stop Government plans to extend the period terror suspects are held without charge. Liberty is mobilising its members, the public and politicians to oppose any extension beyond the current 28-day detention period, which is nearly four times longer than that of most comparable democracies. Liberty’s Charge or Release campaign adverts will run in national newspapers and be displayed on billboards across London. Find out more at www.chargeorrelease.com

4. On 12 November 2007, Liberty released a comprehensive study of terrorist pre-charge detention powers in 15 countries, including the United States, Spain, Russia, France and Turkey. The International Charge or Release study, based on advice and assistance from lawyers and academics around the world, demonstrates that the existing 28-day limit already far exceeds equivalent limits in other comparable democracies. Download a copy of the full report.