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Extradition of terrorists

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Introduction

Legal Research Methods Summary of the current law "Extradition of citizens should be unreserved in the case of suspected terrorists." In summarising the current law in this area, we are required to look at anti-terrorism legislation currently in force in the UK as well as extradition legislation in order to gain insight into current restrictions faced by the government when deciding to extradite a terrorist suspect. There should be an emphasis on the word 'suspected' as the subject matter would then be expected to differ greatly from that of an individual who has been successfully charged with a terrorist offence. We would therefore be required to bear in mind the implications of the Human Rights Act 1998 and any relevant case law which may have set precedents in this area; allowing us to see any reasoning that may be followed in later cases. Extradition legislation can be found in the Extradition Act 2003, which is a new act designed to simplify and speed up the extradition process. The Act defines Extradition as the process whereby one sovereign state asks another sovereign state to return a person to them so that he may be brought to trial on criminal charges in the requesting state or where the person has escaped from custody following conviction. ...read more.

Middle

The way in which the words 'threat of action' are use in criteria for terrorism suggests that the law is broad and flexible enough to capacitate for terrorism suspects, as it shows that the government only has to show that the person is a threat and not necessarily responsible for any terrorist acts; and therefore a terrorism 'suspect'. The Terrorism Act 2000 is made up of eight main sections that include proscribed organisations, terrorist property, terrorist investigations, counter terrorist powers, miscellaneous offences and extra measures confined to Northern Ireland. In order to look at the restrictions on extradition of terrorism suspects we would use this act to establish what a terrorism suspect is and what counter terrorism powers are provided by the statute. The Anti-Terrorism, Crime and Security Act 2001 can be regarded as an addition to the Terrorism Act 2000 and helps to deal further with terrorist property as well as making some amendments to the 2000 Act. The Anti-Terrorism, Crime and Security Act 2001 also deals with new issues such as the freezing of foreign property and has a large area covering immigration and asylum matters. Sections 21 to 32 of this act are extremely relevant in this area of law as it relates directly to 'suspected international terrorists' and explains the procedures that must be followed in relation to terrorism suspects. ...read more.

Conclusion

Article 2 of the European Convention on Human Rights states that citizens have a 'right to life' and therefore placing a duty upon the state to protect this right and under 1985 and 1994 UN General Assembly Resolutions the state must not 'condone or harbour terrorism'16 so the government has to also balance these issues alongside the individual's human rights. 2015 WORDS 1 The Extradition Act 2003 part 1 s.1-68 2 www.homeoffice.gov.uk/docs/eaw.pdf 3 Re Ismail [1999] AC 320,326 4 Walker, C. Blackstone's Guide to Anti-Terrorism legislation (2002) Oxford: OUP 5 Terrorism Act 2000 s.1 6 Immigration Act 1971 s3-3(b) (control of entry to the United Kingdom) 7 Immigration Act 1971 s5 8 The Immigration and Asylum Act 1999 s.10 (person unlawfully in the UK) 9 T v Secretary of State for the Home Department [1996] AC 742 10 Chahal v United Kingdom App. No22414/93, 1996-V, (1997) 23 EHRR 413 11 R v Governor of Durham Prison ex parte Singh [1984] 1 All ER 983 12 The Anti-Terrorism Crime and Security Act 2001 s25 13 A and Others v Secretary of State for the Home Department [2004] EWCA Civ 1123 All ER (D) 62 14 Human Rights Act 1998 (Designated Derogation) Order 2001 (SI 2001 no.3644). 15 Human Rights Act 1998 (Designated Derogation) Order 2001 (SI 2001 no.3644). 16 United Nations General Assembly resolutions 40/61 (09/12/1985) and 49/60 (09/12/1994) ...read more.

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