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Stop-and-search use ruled illegal Stop-and-search use ruled illegal
(10 minutes later)
Police powers to use terror laws to stop and search people without grounds for suspicion are illegal, the European Court of Human Rights has ruled.Police powers to use terror laws to stop and search people without grounds for suspicion are illegal, the European Court of Human Rights has ruled.
The Strasbourg court has been hearing a case involving two people stopped near an arms fair in London in 2003.The Strasbourg court has been hearing a case involving two people stopped near an arms fair in London in 2003.
It said that Kevin Gillan and Pennie Quinton's right to respect for a private and family life had been violated.It said that Kevin Gillan and Pennie Quinton's right to respect for a private and family life had been violated.
It awarded them 33,850 euros (£30,400) to cover legal costs.It awarded them 33,850 euros (£30,400) to cover legal costs.
'Sloppy law''Sloppy law'
Section 44 of the Terrorism Act 2000 allows the home secretary to authorise police to make random searches in certain circumstances.Section 44 of the Terrorism Act 2000 allows the home secretary to authorise police to make random searches in certain circumstances.
But the European Court of Human Rights said the pair's rights under Article 8 of the European Convention on Human Rights had been violated.But the European Court of Human Rights said the pair's rights under Article 8 of the European Convention on Human Rights had been violated.
Parliamentarians must finally sort out this mess Corinna FergusonLibertyParliamentarians must finally sort out this mess Corinna FergusonLiberty
The court said the stop and search powers were "not sufficiently circumscribed" and there were not "adequate legal safeguards against abuse".The court said the stop and search powers were "not sufficiently circumscribed" and there were not "adequate legal safeguards against abuse".
It also concluded that "the risks of the discriminatory use of the powers" were "a very real consideration".It also concluded that "the risks of the discriminatory use of the powers" were "a very real consideration".
The pair were both stopped outside the Defence Systems and Equipment International exhibition at the Excel Centre in London Docklands in 2003.The pair were both stopped outside the Defence Systems and Equipment International exhibition at the Excel Centre in London Docklands in 2003.
Mr Gillan, 32, from London, was detained by police for about 20 minutes as he was cycling to join the demonstration.Mr Gillan, 32, from London, was detained by police for about 20 minutes as he was cycling to join the demonstration.
Ms Quentin, 39, a journalist from London, was in the area to film the protests. She said she felt she was detained for about 30 minutes, although police records said five. Ms Quinton, 39, a journalist from London, was in the area to film the protests. She said she felt she was detained for about 30 minutes, although police records said five.
Both were represented by Corinna Ferguson, legal officer for Liberty, who said the pressure group had "consistently warned" the government about the "dangers" of the powers.Both were represented by Corinna Ferguson, legal officer for Liberty, who said the pressure group had "consistently warned" the government about the "dangers" of the powers.
Ms Ferguson added: "The public, police and Court of Human Rights all share our concerns for privacy, protest, race equality and community solidarity that come with this sloppy law.Ms Ferguson added: "The public, police and Court of Human Rights all share our concerns for privacy, protest, race equality and community solidarity that come with this sloppy law.
"In the coming weeks, parliamentarians must finally sort out this mess.""In the coming weeks, parliamentarians must finally sort out this mess."
The decision overturned a 2003 High Court ruling - subsequently upheld by the Court of Appeal and the House of Lords - that the use of stop and search, and any consequent violation of human rights, was proportionate under the European Convention on Human Rights and justified in the light of the threat of terrorism.The decision overturned a 2003 High Court ruling - subsequently upheld by the Court of Appeal and the House of Lords - that the use of stop and search, and any consequent violation of human rights, was proportionate under the European Convention on Human Rights and justified in the light of the threat of terrorism.
The Section 44 search powers have proved controversial, and in May last year the Metropolitan Police in London said they would be scaled back.The Section 44 search powers have proved controversial, and in May last year the Metropolitan Police in London said they would be scaled back.
The force had faced criticism that such searches had been alienating people from ethnic minorities in the capital.The force had faced criticism that such searches had been alienating people from ethnic minorities in the capital.
Its commissioner Sir Paul Stephenson said the powers should be restricted to "iconic" sites, including Parliament and Buckingham Palace.Its commissioner Sir Paul Stephenson said the powers should be restricted to "iconic" sites, including Parliament and Buckingham Palace.