Post by Papa C. on Sept 12, 2008 14:52:46 GMT
Human Rights Compatibility of the Criminal Justice (Terrorist Offences) Bill 2002
(April 2003)
Extract from the ICCL* briefing paper on the impact on the 'right to protest':
3. Impact on the Right to Protest
The combination of the wide definition of terrorism and the wide category of offences covered means that the impact of the Framework Decision and therefore of the Irish Act could potentially be much wider than a focussed application to 'classic' terrorist acts. Consider the following analysis of British NGO Statewatch in relation to the Framework Decision:
"The question that arises from this proposal to combat terrorism is whether it is solely intended to "combat terrorism" or does it have a wider purpose? Is it the intention to extend the definition of "terrorism" to cover demonstrations, protests and political dissent as well?"
The breadth of the definition is surprising if the proposal is intended to only combat terrorism.
1) The inclusion of the term "seriously altering…the political, economic or social structures" by "an individual or group" suggests a wider purpose is intended;
2) The inclusion in Article 3.f. of the "Unlawful seizure of or damage to state or government facilities, means of public transport, infrastructure facilities, places of public use, and property" (property covers public and private) could embrace a wide range of demonstration and protests - …
3) The phrase in Article 3.h.: "endangering people, property, animals or the environment" could refer, for example, to animal right protests;
4) The inclusion in the "Penalties and sanctions" Article 5 of "community service, limitation of certain civil and political rights" and of fines suggests that the proposal might have a wider objective than dealing with terrorism. The seemingly soft end of the sentences and the deprivation of rights could see demonstrators being charged as "terrorists" and, for example, losing their vote.
The answer to these questions is spelt out in the "Explanatory Memorandum" [ to the Framework Decision] accompanying the proposal. It says that Article 3 defining terrorist offences:
"could include, for instance, urban violence"
This would appear to confirm that the intention is to extend the definition of 'terrorism' "
*ICCL, Irish Council for Civil Liberties (http://www.iccl.ie/)
