The hidden side of counter-terrorist measures: a threat to the civil liberties

Résumé du document

While watching the movie “in the name of the father”, I was like everyone else, I assume, was deeply moved and overwhelmed by the gravity of the miscarriage of justice and police force abuses of which the protagonists were victim. However, what chocked me the most was the fact that this dramatic miscarriage of justice seemed to be the direct result of legislative measures. In fact, the director puts forward the link between the application of ‘the prevention of terrorism act' law, and the arrest, the physical and psychological violence imposed by the police officers, the false confessions, and last but not least the prison sentence of innocents. This is illustrated, for example, by the fact that the arrests occurred only two days after the law mentioned above took effect. Moreover, while watching the movie, I also felt that the powers conferred to the authorities by this law, were of such importance that it was obvious that such misappropriations and abuses would follow. Besides, 30 years latter, this shameful event still seems to be topical, considering the number of recent measures regarding counter-terrorism and the intense debates they call for on their potential danger on civil liberties and human rights.

Extraits

[...] The most serious instances occur when a wrongful conviction is not overturned for several years, or until after the innocent person has been executed or died in jail. The risk of miscarriages of justice is one of the main arguments against the death penalty. Where condemned persons are executed promptly after conviction, the most significant effect of a miscarriage of justice is irreversible. If they had been sentenced to death, just like Giuseppe, the protagonists would have died as terrorists criminal and not as tragic victims. [...]

[...] [Etablit la doctrine de la France en matière de lutte antiterroriste, contient de nombreux éléments concernant la coopération internationale dans la lutte contre le terrorisme international] International terrorism: the changing threat and the EU's response. Paul WILKINSON. Les cahiers Chaillot, Octobre 2005. [Ce numéro est consacré à la lutte antiterroriste en Europe. Un des seuls textes à mettre en avant la nécessité d'apporter une réponse démocratique au terrorisme.] Le terrorisme international. Romain GUBERT. Les essentiels MILAN. [La deuxième partie du livre insiste sur les nouvelles modalités de la lutte contre le terrorisme international avec l'apparition d'Al-Qaida] International Terrorism: Problems of Definition. [...]

[...] Powers contained in the Acts The Prevention of terrorism Act contained three Parts: *Part I proscribed the IRA in Britain and provided for up to 5 years in prison for members of the organisation. *Part II gave the Home Secretary the power to exclude people from Britain he considered- on police evidence- to be involved in the 'commission, preparation, or instigation of acts of terrorism' (Section 3:3). Exemption from expulsion was only granted to those permanently resident in Britain for the previous twenty years. [...]

[...] Conclusion Counterterrorism: How far can we morally go? The analysis of this aspect of the movie reveals the danger in the counterterrorism struggle measures. The PTA- Act was a response to a number of acts of violence by the IRA following their campaign of 1972 which was at the origin of a long list of dead, wounded and deterioration. But despite its stated aims, the Act was less about “preventing terrorism” than about harassing Irish people and undermining their civil liberties. [...]

[...] This is not to decry all measures designed to ‘prevent terrorism'. Some measures may be justified, and all governments have a responsibility to protect the citizenry from acts of violence, whatever the motivation. Whenever civil liberties are restricted to combat ‘terrorism', it is always worth asking; who is affected? With regards to this debate, I would like to invite you to reflect on the actual challenge of government, which is the balancing of the exigencies of individual liberty and societal order. [...]