Anti-terror law ‘risks breach of human rights’

IRELAND’S new anti-terror laws carry a “significant risk” of breaching individual human rights, the State’s human rights watchdog has said.

The Human Rights Commission (HRC) said the Terrorist Offences Act may also be contrary to the European Convention of Human Rights.

The act, signed into law last week by President Mary McAleese, greatly expands the definition of a terrorist offence and gives significant new powers to gardaí.

The Terrorist Offences Act (TOA) 2005 defines terrorist activity as:

* Seriously intimidating a population.

* Unduly compelling a government or international organisation to perform or abstain from performing an act.

* Seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a state or an international organisation.

“The definition adopted is impermissibly wide and runs the risk of categorising groups opposing dictatorial or oppressive regimes, anti-globalisation, anti-war or environmental protestors, or even militant trade unionists, as terrorists,” said the HRC.

In a detailed analysis, the HRC said the provisions could be contrary to the European Convention of Human Rights, including the liberty of the individual, fair trial, freedom of expression and freedom of assembly.

Prof Dermot Walsh of University of Limerick said the provision targeted groups such as anti-globalisation protesters who were tying to compel governments to change policies.

He said the act implemented the EU Framework Decision on Combating Terrorism, agreed in June 2002 as a response to September 11.

“This was a European knee-jerk reaction, but we’re under obligation to implement it here.”

The TOA amends the Offences Against the State Acts, which means people detained under it can be held for 72 days and can be tried in the non-jury Special Criminal Court.

The HRC said these were “exceptionally sweeping powers” for even domestic terrorist activity and should not be used on suspected members of foreign terrorist groups because the “risk of injustice and abuse” was too great.

Justice Minister Michael McDowell amended the bill before it was enacted, to establish a second Special Criminal Court.

He also amended the act to allow gardaí to request telecommunication companies to keep customer traffic data for three years.