Saturday, October 21, 2006

"The Human Rights Act is a vital part of the fight against terrorism"

As reported by BBC, Lord Phillips, Lord Chief Justice of England and Wales gave a lecture titled "Terrorism and Human Rights" at the University of Hertfordshire recently. He believes that human rights is a crucial weapon in fighting terrorism because it "is the ideology in which we believe." The same lecture was also given in Singapore a few months ago and the transcript is available online. To quote what he said:

"Terrorism is not readily defined, and whether activities amount to terrorism can depend upon your point of view. One man’s terrorist can be another man’s freedom fighter."

(Quoting Lord Hoffmann, another senior judge, regarding Anti-terrorism, Crime and Security Act 2001) "Terrorist violence, serious as it is, does not threaten our institutions of government or our existence as a civil community. The real threat to the life of the nation, in the sense of a people living in accordance with its traditional laws and political values, comes not from terrorism but from laws such as these. That is the true measure of what terrorism may achieve"

(Quoting the European Commisioner for Human Rights, regarding Prevention of Terrorism Act 2005) "Substituting 'obligation' for 'penalty' and 'controlled person' for 'suspect' only thinly disguises the fact that control orders are intended to substitute the ordinary criminal justice system with a parallel system run by the executive."

"Respect for human rights must, I suggest, be a key weapon in the ideological battle. [...] The Human Rights Act is not merely their safeguard, it is a vital part of the foundation of our fight against terrorism."


Lord Phillips also believes in punishment other than imprisonment. To prove his point he even went so far to pose as a drunk driver and participated in the Community Payback project for one full day and his feelings with the press later.

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