Britain told to review counter-terrorism powers by UN human rights committee
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Version 0 of 1. Britain should review its key counter-terrorism powers and revise laws on snooping by security services, a UN report has suggested. The recommendations were issued by its human rights committee, a body of 18 international experts who monitor the implementation of the international covenant on Civil and political rights. In its first review of Britain since 2008, the committee said counter-terrorism legislation in the UK should be reviewed because of concerns about several aspects of measures introduced to combat the threat of violent extremism. Powers to temporarily seize passports of those suspected of planning to travel abroad to engage in terrorism and relocate terror suspects were among those singled out. The report said the government should also consider reducing the maximum period that a terrorism suspect can be detained before charge, which currently stands at 14 days. It said there should be an end to the “blanket denial of bail” to those arrested under terrorism legislation. Measures should be taken to ensure any interference with the right to privacy complies with the principles of legality The committee added Britain should revise laws on snooping by security services to bring the country in line with international human rights agreements. It cited concerns that the current legal regime governing the interception of communications and data “allows for mass interception” and “lacks sufficient safeguards against arbitrary interference with the right to privacy”. Access to communications data should be “limited to the extent strictly necessary for the prosecution of the most serious crimes”, according to the report. It said: “Measures should be taken to ensure that any interference with the right to privacy complies with the principles of legality, proportionality and necessity, regardless of the nationality or location of the individuals whose communications are under direct surveillance.” Rachel Logan, of Amnesty International, said it was right the UK had been “taken to task”. She said: “The UN has now joined the chorus of voices calling for an urgent overhaul of the UK’s inadequate surveillance laws and it’s hardly surprising.” The UN report also suggested that Britain should pass laws to ban parents from smacking their children at home. “The state party should take practical steps, including through legislative measures where appropriate, to put an end to corporal punishment in all settings, including the home, throughout [the UK],” it said.” Current UK law allows for “reasonable chastisement” to control a child’s behaviour, but parents can be prosecuted if their actions result in injuries such as bruises, cuts or scratches. A government spokeswoman said: “Our policy on smacking is clear. We do not condone violence towards children. However, we do not wish to criminalise parents for issuing a mild smack.” We believe the UK’s counter-terrorism legislation strikes the right balance between privacy and security The committee additionally raised concerns about indefinite detention of people in immigration removal centres and called for a statutory limit to be introduced. It also referred to a recent increase in the number of hate incidents and crimes on the basis of race, nationality or religion and called for strengthened efforts to “prevent and eradicate all acts or racism and xenophobia”. It said the age of criminal responsibility – 10 in England, Wales and Northern Ireland – is not in accordance with international standards, that Britain must ensure changes to the legal aid system “do not undermine the right of access to courts” and that the law banning prisoners from voting should be revisited. The Home Office said: “We believe the UK’s counter-terrorism legislation strikes the right balance between privacy and security and has, where appropriate, been upheld by the European court of human right. At a time of very significant threat, it is vital police have the powers they need to protect the British public. “In addition, we are currently drawing up our legislative proposals on investigatory powers. These will build on the independent reports produced by David Anderson QC, independent reviewer of terrorism legislation, [as well as] the intelligence and security committee of parliament and the Royal United Services Institute. A draft bill will be published in the autumn.” |