Other States - New Delhi   

Fight against terror should not disregard basics of law, says IBA

By J. Venkatesan

NEW DELHI OCT. 11. The International Bar Association (IBA) has called upon countries not to use the threat of terrorism as a "ruse" to restrict the right to freedom of expression, religion and opinion.

In its report on international terrorism, the IBA Task Force called for adherence to a set of fundamental principles of law in the fight against terrorism.

The Task Force, consisting of distinguished jurists, including Fali Nariman of India and experts in international law from around the globe, says states should not disregard the basics of international law in their fight against terrorism.

The report recognises the difficulties in finding the most effective balance between suppressing terrorism and defending individual freedoms and recognises the needs of states to take special actions to protect their citizens in times of emergency.

While states commonly have power to derogate from various human rights in such times, the Task Force believes that all such derogations must be conducted according to a strict set of rules and regularly reviewed by an independent judiciary.

The report unanimously condemns terrorism, even where it is argued that the use of violence is justified by legitimate political goals such as self-determination and believes its application against civilians is particularly insidious.

There appears to be a growing trend for states to deal with international terrorism by unilateral action.

The deliberative processes of collective action should, wherever possible, be preferred over unilateral action. The Task Force recommended that adherence to rule of law and established international standards would help facilitate international cooperation in areas such as information sharing and law enforcement.Even in a political climate generated by fear of terrorism, judges must be free to act independently and impartially. Lawyers defending suspected terrorists should not be deterred from carrying out their professional duty even in the face of adverse public opinion.

Further, it is crucial that the media offers independent and balanced information, including in times of threats to national security, censorship, either self-imposed or through government restrictions, should be approached with extreme caution.

Regarding the use of force to counter terrorism, it recommends that any act of self-defence must conform to the legal requirements of the United Nations Charter.

All restrictions of substantive human rights must be expressly provided by law, must be necessary and proportionate and must not exclude the possibility of judicial review.

At all times, arrested or detained individuals must be accorded the right to promptly challenge the actions of the state before a court of law and nobody should be held in administrative detention indefinitely.

Printer friendly page  
Send this article to Friends by E-Mail

Other States

News: Front Page | National | Southern States | Other States | International | Opinion | Business | Sport | Miscellaneous |
Advts: Classifieds | Employment | Obituary |

Stories in this Section

• Fight against terror should not disregard basics of law, says IBA
• IA bid to lure passengers
• Tie-up with Austrian firm for Sky Bus Metro
• Congress hits back at Pawar
• Kalpana Parulekar to head NCP in M.P.
• Law and order hits a new low: Cong.

Copyright © 2003, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu