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ICCPR concluding observations 2015, paragraph 14

UN recommendation

Plain English recommendation

Government should:

Review counter-terrorism laws and bring them into line with the ICCPR, including:

(a) Consider revising the definition of terrorism to require intent to coerce, compel or intimidate a government or section of the public. Consider implementing the recommendations of the Independent Reviewers of Terrorism Legislation.

(b) Create a Privacy and Civil Liberties Board for scrutiny.

(c) Consider reducing the maximum period of pre-charge detention in terrorism cases.

(d) Review the use of arrest powers under section 41 of the Terrorism Act 2000 in line with principles of necessity and proportionality. Ensure any detention under the Terrorism Act 2000 is based on an assessment of what is reasonable and necessary in the individual circumstances, not the nature of the crime. Provide bail to people arrested under the Terrorism Act 2000 while ensuring public safety, as recommended by the Joint Committee on Human Rights and the Independent Reviewer of Terrorism Legislation.


Original UN recommendation

The State party should review its counter-terrorism legislation in order to bring it into line with its obligations under the Covenant. It should, inter alia:

(a) Consider revising the broad definition of terrorism to require intent to coerce, compel or intimidate a government or section of the public, and implementing the recommendations of the Independent Reviewers of Terrorism Legislation.

(b) Pursue the creation of the Privacy and Civil Liberties Board, as an oversight mechanism.

(c) Consider reducing the maximum period of pre-charge detention in terrorism cases.

(d) Undertake a review of the exercise of arrest powers under section 41 of the Terrorism Act 2000 to ensure that the principles of necessity and proportionality are strictly observed when using such powers; ensure that any detention of suspects arrested under the Terrorism Act 2000 is based on an individualized determination that it is reasonable and necessary taking into account all the circumstances, rather than on the nature of the crime; and, while ensuring public safety, make bail available to such persons, as recommended by the Joint Committee on Human Rights and the Independent Reviewer of Terrorism Legislation.

Date of UN examination

16/08/2015

UN article number

2 (implementation at the national level), 9 (liberty and security), 10 (treatment of people deprived of liberty), 12 (freedom of movement), 17 (freedom from arbitrary or unlawful interference), 19 (freedom of opinion and expression), 26 (equality and non-discrimination)

Last updated on 08/10/2019