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Detention of terror
suspects criticised
Detention without trial
of foreign terrorist suspects is not necessary and alternative legal
methods should be employed, the Council of Europe's commissioner for
human rights told the government yesterday.
In the middle of a week-long official inspection of the UK's civil
liberties record, Alvaro Gil-Robles criticised aspects of law
enforcement, including stop and search powers and anti-social
behaviour orders.
His comments - announced before he had finished his interviews and
visits - were made at a press conference with Lord Falconer, the
constitutional affairs secretary, yesterday. Spain's former public
ombudsman is due to tour Belmarsh prison in south-east London later
today.
The auditing process by which the commissioner investigates human
rights standards within member countries of the Council of Europe is
relatively new. It began four years ago and has produced reports on
28 states.
Mr Gil-Robles' survey on conditions in the UK is not expected until
January. It may make recommendations but has no powers, other than
those of public persuasion, to enforce them.
Speaking yesterday, Mr Gil- Robles deplored the general erosion of
human rights safeguards since the September 11 attacks in 2001. The
American use of Guantánamo Bay to detain suspects was, he said, "the
clearest example of what must not be done in the fight against
terrorism".
"Across Europe and throughout the world, governments are ...
[overstepping] the limits ... on the pretext of the fight against
terror," he said. Democracy and the democratic system is itself a
strong system.
"Its strength is conditional on society being able to place its
faith in its fundamental values. It is clear that terrorism cannot
be combated effectively in the long term by weakening the guarantees
of the rule of law."
On detention of foreign terrorist suspects without charge or trial,
he insisted the government was not justified in opting out of
Article 5 of the European Convention on Human Rights to introduce
the internment powers.
The House of Lords is considering an appeal by nine foreign
detainees over the legality of their internment. Most are at
Belmarsh prison.
"After the judgment is made public I hope to be able to be in a
dialogue with the government on those questions," Mr Gil-Robles
added.
Source: The Guardian
Date: November 12, 2004
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