NCJ Number
202712
Journal
Corrections Compendium Volume: 28 Issue: 10 Dated: October 2003 Pages: 22-24
Date Published
October 2003
Length
3 pages
Annotation
This article provides information on current international guidelines for the detention of suspected terrorists.
Abstract
On September 28, 2001, the U.N. Security Council adopted Resolution 1373, calling for strong action against terrorism. One result of this United Nations initiative was the July 11, 2002, adoption of the guidelines of the Committee of Ministers of the Council of Europe on Human Rights and the Fight Against Terrorism. These guidelines specify the limits that nations should set in all circumstances in the legitimate fight against terrorism. This article lists the terrorist acts defined in the guidelines. It further states that any measure taken by a nation to fight terrorism should respect human rights and the rule of law. In addition, such actions should not be arbitrary, discriminatory, or racist and should be subject to appropriate supervision. The European Court of Human Rights prohibits in all circumstances, but particularly during arrest, interrogation, and detention, the torture, degradation, and inhumane treatment of anyone suspected of or convicted of terrorist acts, regardless of the nature of the act. A suspected terrorist awaiting a trial is entitled to regular court supervision of the lawfulness of his/her detention. Also, a person arrested for terrorist activities has the right to a fair trial within a reasonable amount of time by an independent, impartial tribunal established by law; and a person accused of terrorist activities should benefit from the presumption of innocence. The guidelines affirm that the critical nature of the fight against terrorism does not give nations license to subject those being held for terrorist activities to more severe restrictions than those placed on other inmates, particularly regarding communication and surveillance of correspondence, including that between counsel and client; the placement of terrorist suspects in specially secured quarters; and the separation of suspects within a prison or among different inmates on condition that the measure taken is proportionate to the aim to be achieved.