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42 day Detention - Why should Ireland Care
What is 42 day detention?
42 day detention is part of the new counter terrorism bill that the British government is trying to pass. The bill successfully made it’s way through the House of Commons thanks to the last minute help of the Democratic Unionists. We do not know what the Democratic Unionists were offered in return for their votes but it has been suggested that honours and titles may have been on the shopping list. The bill aims to extend the amount of time that a terrorist suspect can be held without charge from 28 days to 42 days. The bill needs to pass through the House of Lords before it becomes law. To date it has received its first and second reading and is to go through it’s review stage this week. Why does Britain want to increase the amount of time they can detain terrorist suspects?
Since the Twin Tower bombings and even more so since the London Bombings the British government has been trying to push through legislation that they claim is there to protect us but infact erodes civil liberties. Currently terrorist suspects can be held for up to 28 days without charge, this was extended from 14 days in an amendment to the 2000 counterterrorism bill in 2006 http://www.opsi.gov.uk/Acts/acts2006/ukpga_20060011_en_4
42 days was a dream of Tony Blair’s, he attempted to have the term extended several times during his leadership and failed. His first suggestion after the bombings was to allow 90 days without detention, this seems to be of the table for the time being but if 42 days is allowed it is possible that eventually the government will start to push for 90 days again.
The argument it seems is that today’s terrorists are a lot harder to track down, a lot harder to identify and evidence takes a lot longer to view and process. But this argument is flawed, the detention limit has already been extended since the times of the IRA, the last IRA terrorism case was investigated in 2001. So why 42 days? I’ve heard rumours that it’s the time it takes to search a hard drive but haven’t been able to substantiate this anywhere.
Strangely supporters of the new bill claim that their support of it is in support of civil liberties, quoting Gordon Brown:
“…our first principle is that there should always be a maximum limit on pre-charge detention. It is fundamental to our civil liberties that no one should be held arbitrarily for an unspecified period. After detailed consultation with the police, and examination of recent trends in terrorist cases, we propose the upper limit of 42 days.”
Source: http://www.timesonline.co.uk/tol/comment/columnists/gue...0.ece
This statement does show Mr. Brown’s current commitment to ‘Habeas Corpus’ protection from indefinite detention without legal hearing which has been enshrined in the Magna Carter since 1626. The Magna Carter is the closest thing that the UK has to a constitution and there are still some parts of it that even the elected politicians still feel a need to protect. Having said that 42 day detention does seem to be pushing the boundaries of this agreement further and is a part of a gradual erosion of this long standing right.
Who can they detain?
What is unclear in the new bill is what exactly constitutes a terrorist. It wasn’t so long ago that having an Irish accent would have been enough to arouse suspicion. These days it could be because of the colour of your skin. If they don’t require enough evidence to charge you how much evidence do they require? We can only refer to some recent cases where ‘suspects’ have been detained to see what kind of situation can lead to someone being a suspect.
Rizwaan Sabir and Hicham Yezza were arrested back in May 2008 under section 41 of the Terrorism Act 2000 - on suspicion of the "instigation, preparation and commission of acts of terrorism". Their crime? A document called ‘The Al Qaida Training Manual’ was found on their office computer. A document that is freely
available on the US Department of Justice website and also in printed form on Amazon. A document which was part of Rizwaan’s PHD research.
The two suspects were held for 6 days without charge. If you read Rizwaan’s account of these six days you will find that even this relatively short period can be very distressing. You can read more about what happened to them here: http://www.guardian.co.uk/commentisfree/2008/sep/16/uks...orism
http://www.guardian.co.uk/commentisfree/2008/aug/18/ter...rties
What process do the British Police have to go through to detain a suspect for 42 days?
The decision to extend detention to 42 days rests with the home secretary, backed by the Director of Public Prosecutions and the police. A senior judge then must approve it. It does seem like a lot of red tape but no matter how many safeguards you put in place I’m not sure how any of them it alright to detain someone without charge.
If Britain has already allowed armed police to shoot to kill, which led almost immediately to the killing of Jean Charles de Menzes in the name of anti terrorism, http://news.bbc.co.uk/2/hi/talking_point/4711189.stm
If the police already have the power to stop and search anyone they choose, http://www.met.police.uk/stopandsearch/what_is.htm again in the name of anti – terrorism, we can only assume that they will soon be using their new detention powers as a matter of course.
How does it affect Irish people?
The new laws will affect anyone travelling in the UK. As I mentioned earlier in the article it used to be the case that having an Irish accent could be enough to label you as a terrorist suspect. Unless there is a sudden resurge in terrorist activity here or in the North it is unlikely that any white Irish citizen will feel the full brunt of this legislation. Ireland has become a very different place since the Good Friday agreement. It has opened it’s arms to welcome new people of all races, there are more and more Irish citizens who are not white, who are not Catholic and we as a nation need to protect their rights here and abroad.
Ireland has a habit of following British legislation both bad and good, when Britain started talking about ID cards it wasn’t long before the idea was floated here. Civil partnerships thankfully look like they could soon become a reality here after their success in the UK. But do we want to add the infringement on civil liberties that 42 day detention represents to this list?
This is not the first time that the UK has attempted to stifle a terrorist threat by using detention without charge. Internment, the power to detain suspected criminals indefinitely without charge, is still so fresh in the Irish collective memory it can hardly be called history. The power was used against Irish citizens from the Easter rising onwards and was most recently enacted in 1971, it was then as is now supported by politicians from all parties. The arguments put fourth in favour of internment in 1971 sound strikingly similar. Quoting Northern Irish Prime Minister Brian Falkener:
“‘The terrorists’ campaign continues to an unacceptable level and I have had to conclude that the ordinary law cannot deal comprehensively or quickly enough with such ruthless violence.
“I have therefore decided… to exercise where necessary the powers of detention and internment vested in me as Minister of Home Affairs”
He went on to say that the decision had been made to protect life and property and the main target would be members of the Irish Republican Army (IRA).
Source: http://news.bbc.co.uk/onthisday/hi/dates/stories/august...9.stm
Over 300 Irish people were immediately arrested and jailed. Documents released by the British government it 2002 as part of the 30 year-rule show that this move has been considered one of the biggest mistakes of the troubles. http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/173...8.stm
It was a mistake that led to the alienation of the Catholic community, which only fuelled their hostility towards the British more. Re enacting this mistake can only serve to alienate large swathes of the British population again.
It is a bitter and raw piece of Irelands recent history and to see the same measures being hailed as a solution to the current wave of terrorism should strike fear into all of our hearts.
Join the protest ‘Ireland against 42 day Detention’ this Friday 10th October 2008 at the British Embassy between 5 and 6pm.
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international |
rights, freedoms and repression |
opinion/analysis
Sunday October 05, 2008 23:38
by Amanda
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Comments (5 of 5)
Jump To Comment: 5 4 3 2 1It's a conundrum of the English system that a totally undemocratic institution, the House of Lords, actually preserves democratic freedoms at times.
Brown Envelope still wants the UK ID cards scheme to go ahead, but there is growing resistance to it.
The world and his mother knows full well that there is a sinister conspiracy (how loose or tightly controlled this is know one knows for sure least of all governments) by a collection of Muslim lunatics (who these fanatics really are is also open to question because their bark is often worse than their bite) to bring violent jihad to the streets of European cities.
But how seriously should be consider this threat?
Before 9/11, anyone who spoke seriously about Islamic terrorists taking over the world would have been told he was barking.
On the face of it 9/11 looks like an efficient Blofeld style conspiracy. Uber sophisticated terrorists straight of a spy novel controlled by a Spectre like organisation with a central casting baddy taunting an impotent world.
However having read the 9/11 Commission Report and the legion of factual books that discuss the events of 9/11 independently, one gets the impression of utter incompetence from the point of view of the terrorists and alarmingly from the US government which we have been told time and time again in legions of movies like Enemy of the State or the X-files is almost spectacularly omnipotent.
Muhammed Atta and his goons were a gang of unexceptional idiots. They took infantile precautions to conceal themselves and who they were but they did not need to worry. Any fool could bring a knife on a plane, any fool with cash could book flight lessons no questions asked and any fool with nothing to lose would be willing the immolate themselves - people suicide everyday.
Governments are not stacked with geniuses either - the US government in peacetime cannot keep track of bargain basement fugitives who regularly evade and run rings around law enforcement. Indeed no government the world over can do this.
Since 9/11, no terrorist is going risk hijacking any airliner unless he wants to be escorted down to the nearest runway by fighter jets or the passengers with nothing to lose will jump him.
The Patriot Act and the legions of other measures taken by governments around the world have been given the credit for stopping attacks.
More than likely it is the simple vigilance of ordinary people that has halting attacks or thwarted attacks in Europe and the United States.
I know have few Arab Muslims and they have told me that when they get on a bus with a bag the other passengers always look like they will jump them if they make any sudden movements. These guys are no terrorists I might add. But what must a terrorist think? What if my bomb does not explode and I do not immediately meet my 72 virgins and instead I am kicked to death by a mob of angry infidels?
The average security guard in a cinema, sports stadium, airpoty, shopping mall etc. will instintively watch Muslims who enter with suspicision. For innocent Muslims this is terrible fact to live with but what must it be like for a genuine terrorist? Recce missions must be nightmare.
Some Muslims doubtlessly will commit attacks over the years and decades to come.
The laws already exist to track organised criminals and other shady charachters who create far more damage and far more real fear.
Knee-jerk detention of suspects risks grabbing the wrong people and creating a false sense of security.
Dogged detective work is what defeated extremists in the past - terrorism thrives when they can claim victimhood following the shoot-to-kill actions of police. The death of John Charles De Menzez would not have happened if police had been less gung ho. He passing resemblence to a suspected terrorist made his innocent movements in a Tube station to be miscontrued as a suicide mission.
But the majority of Muslims who live in Europe have no interest in violence.
Some fundamentalists may seek European countries to become more like Muslim states or for Muslims to be given a special exemption to live according to sharia law or other Muslim are happy with the status quo.
Those is necessarily mean we are on a slippery slope toward a Saudi type society in Europe?
Certainly not.
However repressive measures designed to combat terrorism may undermine basic freedoms already enjoyed, prevent the open expression of views and actually prevent the integration of Muslims into European society, prevent the development of understanding between communities and pretend the natural healing power of time to work its magic.
After 30 years of violence in Northern Ireland, failed anti-terrorist policies have led to even greater division not less.
Before 1968 there was much more interaction between Republican and Loyalist communites than is now.
Its been reported to day that this bill was rejected by the House of Lords. It was heavily defeated by a massive 191 votes.
No doubt they will try again. but it is good news that there was so much opposition
I agree with you there. And this would be a particularly nasty piece of legislation if it made it to Ireland.
Another thing is, anything crap in UK, especially laws, Ireland gets too, while missing some of the UK's benefits like widespread decent council housin & NHS/hospital care.