Civil liberties - new material (78)
01 April 2010
The State of the World’s Human Rights. Amnesty International Report 2010, pp. 430. “Reports implicating the UK in grave violations of human rights of people held overseas continued to emerge. Calls for independent investigations into the UK’s role in these violations went unheeded. The government’s attempts to return people to countries known to practise torture on the basis of “diplomatic assurances” (unenforceable promises from the countries where these individuals were to be returned) continued. The European Court of Human Rights found that, by detaining a number of foreign nationals without charge or trial (internment), the UK had violated their human rights. The implementation of measures adopted with the stated aim of countering terrorism led to human rights violations, including unfair judicial proceedings. The executive gained powers to circumvent and undermine the independence of coroners’ inquests. Twenty years after Patrick Finucane’s death, an inquiry into state collusion in his killing had yet to be established.”
Joint study on global practices in relation to secret detention in the context of countering terrorism of the special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin; the special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak; the working group on arbitrary detention represented by its vice-chair, Shaheen Sardarali; and the working group on enforced or involuntary disappearances represented by its chair, Jeremy Sarkin. UN Human Rights Council, 19.2.10. (A/HRC/13/42), pp. 186. This study highlights the fact that secret detention in connection with counter-terrorism policies remains “a serious problem on a global scale”, through the use of secret detention facilities; the declaration of a state of emergency (which allows prolonged secret detention) or forms of “administrative detention” (which also allows prolonged secret detention). In their conclusions, the experts reiterate that international law clearly prohibits secret detention, which violates a number of human rights and humanitarian law norms that may not be derogated from under any circumstances. They make 11 concrete recommendations that are aimed at curbing the resort to secret detention and the unlawful treatment or punishment of detainees in the context of counter-terrorism. See:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/AHRC-13-42.pdf
Up against the law and winning, Tim Gopsill. Free Press no. 174 (January-February) 2010, pp. 4-5. This article discusses the adoption of “successive anti-terror laws, giving police new authority to obstruct and threaten people taking photographs” and the “growth of a corps of photographers who are prepared to challenge all this.” They have an organisation called “I’m a Photographer not a Terrorist” (PHNAT) which grew out of a demonstration at New Scotland Yard in 2009. See:
http://photographernotaterrorist.org/
Gypsy and Traveller law update – Part 2, Chris Johnson, Dr Angus Murdoch and Marc Willers, Legal Action, July 2010, pp.38-40. Part 2 of the Gypsy and Traveller law update highlights the latest developments in enforcement relating to the provision of accommodation for Gypsies and Travellers. Part 2 is to be read in conjunction with Part 1 of the update, published in the June 2010 edition of Legal Action, which detailed the latest changes in law and policy relating to possession proceedings, unauthorised encampments and homelessness.