Strasbourg, Nov 07, 2005 (Council of Europe Press Division) – On the occasion of the third reading of the ‎Terrorism Bill in the British Parliament, Terry Davis, the Secretary General of the Council of Europe, has ‎issued the following written statement: ‎

‎“Fighting terror with measures which neglect human rights can be compared to treating a chronic disease ‎with painkillers – they may offer short-lived relief, but they risk making matters worse in the long term. ‎Respect for human rights is not only a moral imperative, but also a matter of common sense.‎

I am making these comments in reaction to the situation in the United Kingdom, but they would equally apply ‎to other Council of Europe member states which are considering anti-terrorist legislation. If anything, the ‎intensity and the openness of the debate in the United Kingdom, which has led the government to announce ‎that it may modify some of its proposals, could serve as an example to others.‎

I should like to contribute to this debate with few short but essential points.‎First, the new offences about the encouragement of terrorism are covered by the Council of Europe’s ‎Convention on the Prevention of Terrorism which was agreed by all 46 members of the Council of Europe in ‎May. The same approach has now been recommended by UN Security Council Resolution 1624. The ‎justification or glorification of terrorist acts may indeed incite further terrorist acts, but the European ‎Convention on Human Rights requires that restrictions on freedom of expression must not be ‎disproportionate. The definition of prohibited conduct must be precise and foreseeable. There should be no ‎chilling effect on free speech. It is also unfortunate that although the United Kingdom signed this Anti-‎Terrorism Convention in May, we are still waiting for it to be ratified six months later.‎

Second, any significant extension of detention periods must be accompanied by strong safeguards against ‎arbitrary or excessively long detention. The European Convention on Human Rights requires that such powers ‎are exercised with the utmost restraint and under strict and independent judicial control.‎

Experience all over Europe has shown that prolonged periods of pre-trial detention expose detainees to the ‎risk of psychological and physical ill-treatment and may also undermine the right to a fair trial and the ‎presumption of innocence. Arrest or detention must be based on reasonable suspicion that specific offences ‎have been committed. The mere fact that individuals are regarded as a threat to national security is not ‎sufficient. Prosecuting authorities must use detention periods effectively and diligently to further ongoing ‎investigations. Continued incarceration is justified only if specific indications show a genuine requirement in ‎the public interest which, notwithstanding the presumption of innocence, prevails over the rule requiring ‎respect for individual liberty.‎

Third, the application of anti-terror powers should be closely monitored to prevent any discriminatory or racist ‎treatment.‎

I support the underlying objectives of the Terrorism Bill, but I am concerned that some of the proposed ‎measures may infringe human rights and may therefore be counterproductive. I encourage the United ‎Kingdom and all other members of the Council of Europe to use our Guidelines on Human Rights and the ‎Fight against Terrorism as a blue-print for national policies and legislation in this area. It is entirely possible to ‎devise a forceful and effective anti-terror campaign, which complies with the standards of the European ‎Convention on Human Rights. What we should not do, is accept the false dilemma of choosing between ‎freedom and security – at the risk of losing both.”‎

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