Mariya brushes aside fears over new counter-terror legislature

Defense Minister Mariya Ahmed Didi has dismissed fears over the new counter-terror legislature submitted to the Parliament, commenting that counter-terror laws in general were criticized by human rights activists worldwide.

Mariya made the comment in response to a tweet by former Foreign Affairs Minister Dr. Ahmed Shaheed voicing concern over the legislature which he says is too vague and overly broad.

 “It is an offense if a person expresses an opinion without consideration to the possibility that the person to whom the opinion is expressed to may on that opinion and get encouraged to support a terrorist organization,” reads one clause in the new legislature.

Dr. Shaheed, who serves as the UN Special Rapporteur on Freedom of Religion or Belief voiced alarm over the possibility of legislature which contains such a clause being passed.

He said that it violated Article 19 and Article 20 of the International Covenant on Civil and Political Rights.

ARTICLE 19:

1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order, or of public health or morals.

ARTICLE 20

1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

In response to Dr. Shaheed’s concern, Mariya tweeted that criminal justice laws were a state’s response to crimes, but that counter-terror laws were being formed to prevent terror attacks such as the Easter Sunday Bombings in Sri Lanka.

“Terror laws of many countries are under criticism from human rights activist,” dismissed Mariya.

The Parliament has convened for a special parliamentary sitting to hold the first reading of the new counter-terror legislature this Thursday morning.

The legislature accommodates a broader definition of terrorism, establishes acts of violence to promote a particular political, religious or extremist ideology as terrorism, and grants law enforcement agencies additional powers in dealing with terror suspects.

ACTS ADDED AS OFFENSES UNDER THE NEW LEGISLATURE:

• Going to war, going to a war zone, being present in a war zone, attempting to engage in combat, being an accessory to an act of combat, or being an accomplice to an act of combat in any form.
• Producing, using or dealing in combat weapons, explosives or anything which contains a destructive component.
• Supporting a terrorist organization or advocating support for a terrorist organization.
• Encouraging an activity in support of a terrorist organization or expressing such a sentiment, or taking part in an activity in support of a terrorist organization, or organizing or managing such an activity.
• Wearing clothing which implies a person is a member of a terrorist organization or supports a terrorist organization in public. Or possession of a writing, drawing or photo which implies a person is a member of a terrorist organization or supports a terrorist organization in plain sight.

Criminal Procedure Code dictates that a suspect arrested for a criminal investigation must have the investigation against him/her completed and must be pressed charges within 30 days he/she is arrested and presented before a judge for remand.

However, the new counter-terror legislature offers law enforcement agencies a wider window in dealing with suspects. It establishes that the investigation against a terror suspect must be completed and forwarded to the Prosecutor General’s Office within 45 days, and that the Prosecutor General’s Office much press charges within 15 days the investigation is forwarded to it.

It also establishes that a terror suspect may be arrested without a court warrant, and may be held for up to 48 hours without remand, and grants law enforcement agencies the authority to search the private property of terror suspects without a court warrant, and the authority to strip search terror suspects if there is valid reason to suspect he/she may be hiding evidence on his/her person.