Terrorism Detention Powers
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Terrorism Detention Powers
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Author : Great Britain: Parliament: House of Commons: Home Affairs Committee
language : en
Publisher: The Stationery Office
Release Date : 2006-07-03
Terrorism Detention Powers written by Great Britain: Parliament: House of Commons: Home Affairs Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-03 with Political Science categories.
Terrorism detention Powers : Fourth report of session 2005-06, Vol. 2: Oral and written Evidence
Terrorism Detention Powers
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Author : Great Britain: Home Office
language : en
Publisher:
Release Date : 2006
Terrorism Detention Powers written by Great Britain: Home Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This document sets out the Government's response to the Home Affairs Committee's report (HCP 910-1, session 2005-06; ISBN 0215029526) on the case for an increase in detention powers in respect of terrorism suspects. Topics discussed include: the Government's support for the police case for extending the maximum detention period to 90 days; the effects on public confidence and community relations; the nature of the terrorist threat; the implications for police investigative work; the preventative element of some arrests in order to disrupt terrorist conspiracies; and alternatives to longer detention.
Preventive Detention Of Terror Suspects
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Author : Diane Webber
language : en
Publisher: Routledge
Release Date : 2016-01-08
Preventive Detention Of Terror Suspects written by Diane Webber and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-08 with Law categories.
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
The Use Of Preventive Detention Laws In Malaysia A Case For Reform
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Author : M. Ehteshamul Bari
language : en
Publisher: Springer Nature
Release Date : 2020-07-07
The Use Of Preventive Detention Laws In Malaysia A Case For Reform written by M. Ehteshamul Bari and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-07 with Law categories.
This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual’s right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.
Asio S Questioning And Detention Powers
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Author : Parliamentary Joint Committee on Intelligence and Security
language : en
Publisher:
Release Date : 2018-03-28
Asio S Questioning And Detention Powers written by Parliamentary Joint Committee on Intelligence and Security and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-28 with categories.
Counter Terrorism And The Detention Of Suspected Terrorists
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Author : Claire Macken
language : en
Publisher: Routledge
Release Date : 2013-03-01
Counter Terrorism And The Detention Of Suspected Terrorists written by Claire Macken and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Law categories.
In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.
Arrest And Detention Powers In English And Turkish Law And Practice In The Light Of The European Convention On Human Rights
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Author : M. Bedri Eryilmaz
language : en
Publisher: BRILL
Release Date : 2021-09-27
Arrest And Detention Powers In English And Turkish Law And Practice In The Light Of The European Convention On Human Rights written by M. Bedri Eryilmaz and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
It is commonly believed that, in the police practices of arrest without judicial warrant and detention without charge, England and Turkey stand at opposite ends of the compliance spectrum among nations signatory to the European Convention on Human Rights. This is the first book to examine the extent to which such belief is warranted. Beginning with a detailed comparison of the arrest and detention standards set by the Convention and the corresponding provisions of Turkish and English law, the author then proceeds to investigate actual police practice in both countries. He reviews and analyzes the existing research in England and Wales on how the status of suspects in practice compares with the status of suspects in law. To determine this in Turkey, where no such research existed before this book, he offers the results of his own field work in 21 Turkish police stations and three gendarmeries in various cities and towns, as well as in two Turkish anti-terrorist departments. This is the first publication of any research into how Turkish police apply law to practice. He goes on to examine the adequacy and effectiveness of remedies in both countries, and to make recommendations, not only for reform in England and Turkey, but to the Convention organs with respect to gaps and weaknesses in their case law. For criminal justice and law enforcement authorities, this is a valuable guide to ensuring compliance with the extensive and developed standards established by the case law of the Convention, and to handling allegations of breaches of the Convention by the police. In addition, Arrest and Detention Powers in Turkish and English Law and Practice in the Light of the European Convention on Human Rights is a penetrating analysis of `law in books' versus `law in action', and as such has relevance to anyone concerned with the enforcement of human rights law.
Counterterrorism And Investigative Detention
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Author : Stigall, Dan E.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-09-10
Counterterrorism And Investigative Detention written by Stigall, Dan E. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-10 with Law categories.
Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.
Stamping Out Rights
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Author : Tessa Boyd-Caine
language : en
Publisher: CHRI
Release Date : 2007
Stamping Out Rights written by Tessa Boyd-Caine and has been published by CHRI this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Human rights categories.
Security Terrorism And Torture
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Author : Harold Rudolph
language : en
Publisher:
Release Date : 1984
Security Terrorism And Torture written by Harold Rudolph and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Civil rights categories.