Read the 21st issue of ICJ’s monthly newsletter on proposed and actual changes in counter-terrorism laws, policies and practices and their impact on human rights at the national, regional and international levels.
The E-Bulletin on Counter-Terrorism and Human Rights provides hyperlinks to full texts of reports, statements, laws, court judgments and legal analysis. It aims at fostering an informed debate on the implications of counter-terrorism measures for the promotion and protection of human rights.
Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights
Report on Northern Ireland launched
On 31 January, the Committee on the Administration of Justice, which organized the Northern Ireland hearing of the Eminent Jurists Panel, published its report entitled “War on Terror: Lessons from Northern Ireland.” The report contains oral and written testimonies submitted to the Panel, as well as CAJ’s assessment of Northern Ireland’s negative and positive experiences while dealing with terrorism.
AFRICA & MIDDLE EAST
Israel: Supreme Court approves fuel and electricity cuts to Gaza
AMERICAS
USA: Supreme Court considers habeas corpus rights of Guantánamo Bay detainees
USA: Military commission hears the case of Guantánamo Bay detainee Salim Hamdan
USA: Former Guantánamo detainees challenge the use of torture
USA: José Padilla sentenced to 17 years in prison
Argentina: Federal Court condemns military officers in the “Battalion 601” case
Colombia: Venezuela parliament recognizes belligerent status to FARC
ASIA & PACIFIC
Sri Lanka: Supreme Court limits government counter-terrorism practices
EUROPE & COMMONWEALTH OF INDEPENDENT STATES
UK: House of Lords rejects application of the European Convention of Human Rights to a British detainee in Iraq
UK:
Germany: Supreme Court distinguishes between criminal and terrorist acts
Italy: Review Detention Tribunal refuses to consider hooligans as terrorists
Turkey: European Court for Human Rights finds Turkey in violation of freedom of expression
Northern Ireland: Alleged Omagh bomber freed because of unreliable evidence
The Netherlands: Appeals Court refuses to characterize Hofstad network as a terrorist group
Georgia: Unsuccessful presidential candidate charged with terrorism
Russian Federation: Victims of the Beslan hostage-taking accused of extremism
UNITED NATIONS & REGIONAL ORGANIZATIONS
UN: Human rights expert publishes report on impact of counter-terrorism on economic and social rights
EU: Court of Justice urged to exercise control over terrorism lists
Council of Europe: Committee of Ministers will not act on renditions
Council of Europe: Updated report claims procedures for blacklisting are flawed
IN BRIEF
New report denounces the use of torture in terrorism case in Egypt
NGO gives voice to a former CIA detainee
New study on the impact of terrorism laws on freedom of association
NGO raises concerns over fair trial rights in Israeli military courts
E-BULLETIN no. 21
AFRICA & MIDDLE EAST
Israel: Supreme Court approves fuel and electricity cuts to Gaza
On 30 January, the Supreme Court of Israel rejected a petition demanding that Israel stops cutting the supplies of electricity and industrial fuel to the Gaza Strip. On 29 November, the Supreme Court had allowed the government to restrict fuel to the Gaza Strip, but requested additional information on the impact of the electricity cuts. The petitioners, 10 human rights NGOs from Israel, the West Bank and the Gaza Strip (including ICJ Affiliated Organisations) argued that the restrictions amount to collective punishment of the Palestinian civilian population. The government argued that the shortages in fuel and electricity do not impact on the “vital humanitarian needs” of the population.
30 Jan. Decision (Hebrew) 29 Nov. Decision (E) Press Release
AMERICAS
USA: Supreme Court considers habeas corpus rights of Guantánamo Bay detainees
On 5 December, the Supreme Court heard arguments in two cases involving 37 detainees held at Guantánamo Bay detention center. The judges will consider whether the Military Commissions Act of 2006 validly stripped federal courts of their jurisdiction over these habeas corpus petitions. The verdict is expected in the summer.
Trascript of Arguments List of Amici Briefs News Article
USA: Military commission hears the case of Salim Hamdan
On 19 December, a military commission ruled that Salim Hamdan, who has been detained in Guantánamo since July 2004, is an “unlawful enemy combatant.” In June 2007, another military commission had rejected the case against him because he had been classified “enemy combatant” and not “unlawful enemy combatant.” Martin Scheinin, UN expert on counter-terrorism and human rights, observed the hearing on 19 December. Salim Hamdan is now likely to be the first Guantánamo detainee to face a trial before a military commission.
Decision News Article UN Press Release
USA: Former Guantánamo detainees challenge the use of torture
On 11 January, the D.C. Circuit Court ruled that four British citizens detained at Guantánamo Bay between 2002 and 2004 cannot sue the military officers who interrogated them if they have not exhausted administrative remedies. The court confirmed a district court decision that aggressive interrogations were incidental to the military officers legitimate employment duties, even if they amounted to “seriously criminal” conduct. The court annulled the lower court’s position that foreign detainees held outside the US terrirtory were “persons” whose religious beliefs could be protected.
JudgmentUSA: José Padilla sentenced to 17 years in prison
On 22 January, the District Court of Southern Florida sentenced Jose Padilla to 17 years and four months in prison. He had been convicted in August 2007 on charges of conspiracy to murder, kidnap and maim individuals, providing material support to terrorists, and conspiracy. U.S. District Judge Marcia Cooke rejected the prosecutors’ argument that the crimes deserved life prison sentences, noting that the defendant had not personally kidnapped or killed anyone. She also took into consideration the fact that Mr Padilla had spent 3.5 years in detention as an “enemy combatant” under harsh conditions.
News Article HRF Background Info
Argentina: Federal Court condemns military officers in the “Battalion 601” case
On 17 December, the fourth Federal Criminal Court of First Instance convicted eight former officers of charges including kidnapping, torture and disappearance in the case of six individuals abducted by the military regime in 1980. During the so-called “Dirty War” dissidents were labelled as terrorists, and between 13,000 and 30,000 were killed or disappeared. It is the first time military and police officers were convicted since the Supreme Court in 2005 declared the unconstitutionality of the amnesty laws passed in the 1980s that protected most perpetrators from prosecution.
Judgment (S) News Article (E) CELS Analysis (S)
Colombia: Venezuela parliament recognizes belligerent status to FARC
On 17 January, Venezuela’s National Assembly adopted a declaration endorsing President Chávez’s proposal to reject the inclusion of the Colombian Revolutionary Armed Forces (FARC) and National Liberation Army (ELN) in the United States’ list of terrorist organizations. The parliament also requested the Colombian government to recognize the belligerency status of the FARC and ELN, although since 2002 the Colombian government denies the existence of an armed conflict in Colombia. On 18 January, the Red Cross clarified that this recognition is not required for the application of international humanitarian law to internal armed conflicts.
Parliament Declaration (S) News Article (S)
ASIA – PACIFIC
Sri Lanka: Supreme Court limits government counter-terrorism practices
On 7 January, the Supreme Court of Sri Lanka ordered the government to stop its cordon-and-search operations, in which security forces close an area before searching and arresting all residents. It is the first time the Supreme Court has placed limits on the emergency regulations “Prevention and Prohibition of Terrorism and Specified Terrorist Activities” of December 2006. Rights groups categorized the mass arrests in Colombo on 1 December as “collective punishment” of minority Tamils after two attacks by Liberation Tigers of Tamil Eelam rebels.
News Article MRGI Briefing Paper
EUROPE & COMMONWEALTH OF INDEPENDENT STATES
UK: House of Lords rejects application of the European Convention of Human Rights to a British detainee in Iraq
On 12 December, the House of Lords rejected a claim by a British-Iraqi national that the European convention of Human Rights applied to his internment in Iraq. The court held that the right to liberty of Mr Hilal Al Jeeda (under Article 5 of the Convention) should be protected to the extent possible by the UK, but could be infringed lawfully in case of “imperative reasons of security” as authorised by a UN Security Council resolution taken under Article VII of the UN Charter. It also agreed with the Court of Appeal that Iraqi law and not English law was applicable to the case.
Judgment JUSTICE Intervention News Article
UK: Parliament considers bill extending pre-charge detention
On 24 January, a new counter-terrorism bill was introduced before the House of Commons. This is the fifth piece of counter-terrorism legislation introduced in the UK since 2000. It gives additional powers to the Home Secretary, such as the temporary authority to extend pre-charge detention of terrorism suspects to 42 days. It also gives new powers to law enforcement and intelligence agencies, such as the possibility to question terrorism suspects after they have been charged. On 13 and 14 December, the Home Affairs Committee and the Joint Committee on Human Rights both released reports criticising the government’s proposal to extend pre-charge detention and said current judicial safeguards are inadequate to protect detainees.
Counter-Terrorism Bill Home Affairs Committee Joint Committee on Human Rights HRW Press Release
Germany: Supreme Court distinguishes between criminal and terrorist acts
On 28 November, the German Supreme Court ruled that a “militant group”, whose members had allegedly attempted to set fire to military vans can not be considered a terrorist organization, according to Article 129a of the German Penal Code. To be classified as terrorist, criminal acts would have to “fundamentally threaten” the order of the state, in accordance with the EU Council Framework decision on combating terrorism. The group’s arson attacks on military vehicles lacked the serious threat element, therefore the group will be prosecuted as a criminal organisation under Article 129.
Judgment (German) Background Info
Italy: Review Detention Tribunal refuse to consider hooligans as terrorists
On 3 December, the Tribunal del Riesame, which reviews pre-trial detention orders, held that the case of three football hooligans who are accused of destroying property, vandalism and resistance to public officers lacked the aggravating factor of terrorism. The three hooligans were arrested on 12 November 2007, during riots following the killing of a football supporter by the police.
News Article 1 (Italian) News Article 2 (E) News Article 3 (Italian)
Turkey: European Court finds Turkey in violation of freedom of expression
On 11 December, the European Court for Human Rights decided that the Turkish government disproportionately interfered with freedom of expression by condemning two journalists to a fine and banning their daily newspaper for one week after they published a picture and a statement by the leader of the PKK (Kurdistan Workers Party), an illegal organisation in Turkey. The Istanbul State Security Court had based its judgement on Anti-Terrorism Law N° 3713, which forbids “publishing statements of a terrorist organisation.”
Northern Ireland: Alleged Omagh bomber freed because of unreliable evidence
On 20 December, a “Diplock” Crown Court cleared Sean Hoey of all charges of murder and causing explosions between March and August 1998. Sean Honey was the only accused for the explosion causing the death of 29 people in Omagh on 15 August 1998. Justice Weir (sitting alone without a jury) considered that the techniques used to gather evidence were not reliable and that two police witnesses had lied, which prevented him from using this evidence to convict Sean Hoey.
The Netherlands: Appeals Court refuses to characterize Hofstad network as a terrorist group
On 23 January, the Hague Appeals Court cleared seven men of charges of belonging to a terrorist group. The seven men included Mohammed Bouyeri, the murderer of Dutch filmmaker Theo Van Gogh. The court found that the new Article 140a of the Dutch Penal Code was not applicable because the members of the Hofstad network lacked organisation and could not be labelled as a “group”. Moreover, they lacked “violent ideology”, although they were disseminating seditious and threatening articles.
Georgia: Unsuccessful presidential candidate charged with terrorism
On 16 January, Georgian media reported that the Tbilisi City Court ordered that Badri Patarkatsishvili, businessman and defeated presidential candidate, should serve two months pre-trial detention on charges of terrorism and conspiring to overthrow the government. The order was handed over in absentia, as Mr Patarkatsishvili lives outside the country. On 24 December, the Prosecutor General’s office had released audiotapes suggesting the involvement of Mr Patarkatsishvili in a plot to have the interior minister arrested.
Russian Federation: Victims of the Beslan hostage-taking accused of extremism
On 15 January, a Nazran court opened the trial of the association “Voice of Beslan”, composed of mothers of victims of the Beslan school hostage-taking. The organisation is charged with extremist activities, including “slander of public officials” and “humiliating national pride” for a statement published in 2005 and accusing President Putin of refusing to launch an independent investigation into the battle ending the siege that killed many hostages. Concerns have been raised that the case is an attempt to shut down the organisation, and that the law on extremism amended in July 2007 is used to silence opposition.
UNITED NATIONS & REGIONAL ORGANISATIONS
UN: Human rights expert publishes report on impact of counter-terrorism on economic and social rights
On 12 December, Martin Scheinin, Special Rapporteur on counter-terrorism and human rights, presented his annual report to the UN Human Rights Council. He encouraged states and intergovernmental organisations to promote economic, social and cultural rights as part of a long-term strategy to prevent terrorism. He recommended that, while adopting counter-terrorism measures, specific attention be given to the right to education, rights of women, and rights of indigenous peoples and minorities. He reaffirmed that the definition of terrorism should not include a reference to political aims of social movements, and that terrorism lists should be subjected to judicial review.
ReportEU: Court of Justice is urged to exercise control over terrorism lists
On 16 January, the Advocate General of the Court of Justice of the European Communities, Poiares Maduro, argued that the Court of First Instance erred when it ruled that it had limited jurisdiction to review the EU regulation on the listing of terrorism suspects. The case concerns Yassin Abdullah Kadi, who was automatically included on the EU terrorism list following his inclusion on the UN terrorism list. The Advocate General considers that the EU courts should review whether the listing complies with fundamental rights. In this case, Mr. Maduro believes that the Court should annul the regulation concerning Mr. Kadi, because it infringes his right to property, right to be heard and right to effective judicial review. The judges are now beginning their deliberations in this case.
Opinion Court Statement News Article
Council of Europe: Committee of Ministers will not act on renditions
On 16 January, the Committee of Ministers published its response to Recommendation 1801 (2007) of the Parliamentary Assembly on “secret renditions and illegal transfer of detainees”. In contrast with the Secretary-General and Parliamentary Assembly’s recommendations, the Committee is not requesting its member states or any Council of Europe body to undertake follow-up actions, nor does it condemn the practices described.
Committee’s ResponseCouncil of Europe: Updated report claims procedures for blacklisting are flawed
On 22 January, Dick Marty, Rapporteur of the Committee on Legal Affairs and Human Rights of the Council of Europe, published an addendum to his November 2007 report on the human rights impact of European Union and United Nations’ terrorism “blacklists” targeting individuals or specific groups. The addendum gives updates on several cases mentioned in the report, and affirms that the effects of “blacklists” are more far-reaching than what had been foreseen in the November report.
IN BRIEF
New report denounces the use of torture in terrorism case in Egypt
In December, Human Rights Watch published a report alleging that the Egyptian intelligence services subjected the members of the “Victorious Sect” to torture in order to have them confess about possible attacks against civilians.
ReportNGO gives voice to a former CIA detainee
In December, the Center for Human Rights and Global Justice released a report giving first-hand account from a detainee subjected to enforced disappearance and torture at several CIA “black sites.”
ReportNew study on the impact of terrorism laws on freedom of association
In December, the Euro-Mediterranean Human Rights Network published its “2007 Review on Freedom of Association” which presents the impact of legislation and practices, including counter-terrorism measures, on freedom of association in the Euro-Mediterranean region.
ReportNGO raises concerns over fair trial rights in Israeli military courts
In January, Yesh Din published a report on its findings after an extensive observation of proceedings in Israeli military courts, which have jurisdiction over civilians residing in the OPT. The report provides practical recommendations on how to ensure that fair trial rights are respected.
Report
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