CONSTITUTIONAL AND ADMINISTRATION LAW

Europe's Stance on Human Rights and the Fight against Terrorism since 2001

Europe's Stance on Human Rights and the Fight against Terrorism since 2001

Introduction

Terrorism is the use of violence to achieve political objectives. From the 1970s there was an overflow of terrorist attacks organized by different groups for the achievement of political objectives. They ranged from attacks by the Irish Republican Army in search of the independence of Ireland to attacks apparently without an enemy in front, as the explosion of flight planned by Muslim terrorist. Terrorism is mainly used by political groups who have left the path of legality to face their opponents. These groups are usually too weak to directly confront their enemy, which is generally the rule. One could identify terrorism within the borders of a State. Terrorism that transcends the boundaries of a State and not is directed against the sovereign state from which the terrorists but against a third country. (Gross, 2006, pp. 131-135).

Prior to the attacks of September 11, 2001, al Qaeda represented a unitary organization, in many ways similar to other nationalist and anticolonial groups. Today's groups, however, are more loosely or indirectly linked through networks of both professionals and “amateurs” (Ginbar, 2008, 145-147).

Discussion & Analysis

Babar Ahmad and the injustice of the UK extradition laws

The case of Babar Ahmad higlights some hidden aspects of injustice of the UK extradition laws. Babar Ahmad has been locked up for eight years with out any charge. The charges made on Ahmad did not have any evidence related to the crime. Ahmad's words from prison are an unforgettable indictment of the British system that has failed him, through incompetence and Islamophobia. "Eight years without trial is like living on death row. It's like you are living every day for a tomorrow that might or might not come. And it has been very, very difficult… Detention without trial is the most unimaginable type of psychological torture." Ahmad's case is not unique in Britain today, and its impact on others has been devastating. Men like Haroon Aswat have suffered complete breakdowns and removal to a mental hospital (Duffy, 2005, pp. 29-33).

Other Cases: upholding the rule of law in UK since 2001

After many vicissitudes and political justice in the UK, the case has sometimes been referred to as the "British Guantanamo" has led to 19 February 2009 an important ruling by the European Court of Human Rights (Abu Qatada and other c. UK Gr Ch req. No. 3455/05). The Court, in solemn formation of Great House, has condemned the UK for various violations of Article 5 (right to liberty and security) but dismissed the allegations of violation of Article 3 (prohibition inhuman and degrading treatment) (Duffy, 2005, pp. 29-33).

In this case, various foreign nationals who were on British territory had been placed, without time limits, in custody on the basis of an anti-terrorist legislation passed in the aftermath of September 11, 2001 and, on the basis of simple suspicion of links with a terrorist ...