Stop-and-search powers ruled illegal by European court
Police have faced criticism of their use of Section 44
Police powers to use terror laws to stop and search people without grounds for suspicion are illegal, the European Court of Human Rights has ruled.
The Strasbourg court has been hearing a case involving two people stopped near an arms fair in London in 2003.
It said that Kevin Gillan and Pennie Quinton's right to respect for a private and family life was violated.
Home Office Minister David Hanson MP said he was \"disappointed\" and would considering whether to appeal.
Section 44 of the Terrorism Act 2000 allows the home secretary to authorise police to make random searches in certain circumstances.
But the European Court of Human Rights said the pair's rights under Article 8 of the European Convention on Human Rights had been violated.
The court said the stop and search powers were \"not sufficiently circumscribed\" and there were not \"adequate legal safeguards against abuse\".
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It also concluded that \"the risks of the discriminatory use of the powers\" were \"a very real consideration\".
The pair were awarded 33,850 euros (£30,400) to cover legal costs.
They were both stopped outside the Defence Systems and Equipment International exhibition at the Excel Centre in London Docklands in 2003, where there had already been protests and demonstrations.
Mr Gillan, 32, from London, was detained by police for about 20 minutes as he was cycling to join the demonstration.
Ms Quinton, 39, a journalist from London, was in the area to film the protests. She said she felt she was detained for about 30 minutes, although police records said it was five minutes.
Speaking to BBC Radio 4's The World At One, Ms Quinton said she hoped the ruling would lead to the government drawing up a \"fairer body of legislation to protect us\".
She said: \"The court hasn't said that there's no longer any scope for stops and searches, but that safeguards need to be in place to prevent misuse of these powers, because right now if somebody is stopped and searched, they have got no redress if they feel they were mistreated during the stop and search process.
\"It's not about saying that there's no need for stop and search. What we're really saying is people have a right to privacy and there needs to be a balance between police powers to ensure our safety but also our rights to a private life.\"
Parliamentarians must finally sort out this mess
Corinna Ferguson
Liberty
Mr Gillan said: \"It's fantastic news after a long struggle. I look to the government for a strong response.\"
Both were represented by Corinna Ferguson, legal officer for Liberty, who said the pressure group had \"consistently warned\" the government about the \"dangers\" of the powers.
Ms Ferguson added: \"The public, police and Court of Human Rights all share our concerns for privacy, protest, race equality and community solidarity that come with this sloppy law.
\"In the coming weeks, parliamentarians must finally sort out this mess.\"
But Mr Hanson, the policing and security minister, said he was disappointed at the decision given that the government had won all previous challenges in the UK courts.
He said: \"Stop and search under section 44 of the Terrorism Act 2000 is an important tool in a package of measures in the ongoing fight against terrorism.\"
'Balancing exercise'
Lord Carlile, the government's independent reviewer of anti-terrorist legislation, told the World At One that the implications of the ruling were potentially \"quite serious\" and may require a change in the law.
He added: \"In my view, section 44 is being used far too often on a random basis without any reasoning behind its use.
\"The fundamental point that the court is making is that it increases the possibility of random interference with the legitimate liberties of the citizen.
\"On the other hand, we have to be safe against terrorism. There is therefore a very difficult balancing exercise to be done and I'm sure Section 44 will come under intelligent scrutiny in the coming months.\"
The decision overturned a 2003 High Court ruling - subsequently upheld by the Court of Appeal and the House of Lords - that the use of stop and search, and any consequent violation of human rights, was proportionate under the European Convention on Human Rights and justified in the light of the threat of terrorism.
The Section 44 search powers have proved controversial, and in May last year the Metropolitan Police in London said they would be scaled back.
The force had faced criticism that such searches had been alienating people from ethnic minorities in the capital.
Its commissioner, Sir Paul Stephenson, said the powers should be restricted to \"iconic\" sites, including Parliament and Buckingham Palace.
What's the band ever done to you? (I mean, other than impersonating Neil Young)In your face America.
I don't think they're obligated to do it, but it certainly gonna pressure them into changing the law...Although it's interesting that the UK has ceded sufficient power to the EU that this sort of low-level police work can be micro managed by the international body.
Why is it, then? Excellent cuisine, relaxed attitude towards nudity, a rich tapestry of music, millennia-long history?I don't think that's why Europe is awesome!
Why is it, then? Excellent cuisine, relaxed attitude towards nudity, a rich tapestry of music, millennia-long history?[/QUOTE]I don't think that's why Europe is awesome!
Why is it, then? Excellent cuisine, relaxed attitude towards nudity, a rich tapestry of music, millennia-long history?[/QUOTE]I don't think that's why Europe is awesome!
I wouldn't go there. If anything, I would say it was less interrupted.What? You can't deny Europe's history is richer than that of America, the southern part of Africa or Oceania... Especially from the present perspective since much of the world's culture comes from (besides Asia).
Why is it, then? Excellent cuisine, relaxed attitude towards nudity, a rich tapestry of music, millennia-long history?[/QUOTE]I don't think that's why Europe is awesome!
Why is it, then? Excellent cuisine, relaxed attitude towards nudity, a rich tapestry of music, millennia-long history?[/QUOTE]I don't think that's why Europe is awesome!
Why is it, then? Excellent cuisine, relaxed attitude towards nudity, a rich tapestry of music, millennia-long history?[/QUOTE]I don't think that's why Europe is awesome!
Why is it, then? Excellent cuisine, relaxed attitude towards nudity, a rich tapestry of music, millennia-long history?[/QUOTE]I don't think that's why Europe is awesome!
Yay for European supremacy over the world. Hail Europe! (could resist, sorry)'Richer' is definitely not the right word. It makes for more books if you want to put it that way. Or better even, forget the first two lines of my post...
Yay for European supremacy over the world. Hail Europe! (could resist, sorry)[/QUOTE]'Richer' is definitely not the right word. It makes for more books if you want to put it that way. Or better even, forget the first two lines of my post...
I'm sure the billions living in the poverty of India thank their multitude of gods that Europeans descended upon their country to destroy their local industry and turn them from a successful country with thousands of years of history into a market where Europeans traded goods at jacked up prices to the locals for the mineral and agricultural wealth of their country.What? You can't deny Europe's history is richer than that of America, the southern part of Africa or Oceania... Especially from the present perspective since much of the world's culture comes from (besides Asia).
You mean the euromark? Sure, that wouldn't get shortened to Euro either.I say European Mark or something.
And the rest of Europe keeps on insisting that they are and that they should be more involved with the EU.Hey, most of that was the UK... and if you weren't an ignorant american you'd know they don't even consider themselves european...
Well the land already had people living on it and without the influence of Europe they probably would have estabilshed a Utopian society based on the belief that everyman woman and child had the inalienable rights...Also, fall into the ocean? And then who exactly would have founded your country?
Damn Europeans even gave it a stupidly spelled name. Another crime to add to their ever growing list.And it's Rwanda...
:laugh:
Yay for European supremacy over the world. Hail Europe! (could resist, sorry)[/QUOTE]'Richer' is definitely not the right word. It makes for more books if you want to put it that way. Or better even, forget the first two lines of my post...
That's all part of the 12 step plan to take over the world and impose socialism on it... Convincing the UK to join us completely is step 11... unleashing MechaObama on you is step 9, right after step 8, which is giving you universal health care.And the rest of Europe keeps on insisting that they are and that they should be more involved with the EU.Hey, most of that was the UK... and if you weren't an ignorant american you'd know they don't even consider themselves european...
Who needs stuff like democracy or human rights anyway...Well the land already had people living on it and without the influence of Europe they probably would have estabilshed a Utopian society based on the belief that everyman woman and child had the inalienable rights...Also, fall into the ocean? And then who exactly would have founded your country?
Yeah that's bullshit. But I am well aware that in my scenario America would never be founded which ultimately is a worthwhile sacrifice for the good of the world.
That's so totally not our fault, natch:Damn Europeans even gave it a stupidly spelled name. Another crime to add to their ever growing list.And it's Rwanda...
:laugh:
I'm sure the billions living in the poverty of India thank their multitude of gods that Europeans descended upon their country to destroy their local industry and turn them from a successful country with thousands of years of history into a market where Europeans traded goods at jacked up prices to the locals for the mineral and agricultural wealth of their country.What? You can't deny Europe's history is richer than that of America, the southern part of Africa or Oceania... Especially from the present perspective since much of the world's culture comes from (besides Asia).
Maybe in overall number of atrocities they're still behind, but i think they did a pretty good job with the level of brutality with the ones they did inflict...And, of course, you have had less time for atrocities, and have become a mature nation when the world was civilized already... so yeah can't compare.
Fucking knew you Europeans would exploit your old empire subjects to attack America.That's all part of the 12 step plan to take over the world and impose socialism on it... Convincing the UK to join us completely is step 11... unleashing MechaObama on you is step 9, right after step 8, which is giving you universal health care.
I can count on 1 hand former European holding that respect either. And of course I applaud your arrogance that such ideas couldn't spring up in India or Africa had Europeans not done their whirlwind tour of raping and pillaging before leaving those countries in pisspoor shape and millions in debt to you.Who needs stuff like democracy or human rights anyway...
I believe that I have prove CONCLUSIVELY that all evil in the world has sprung from Europe so yes the Europeans are still responsible for my having no idea how to correctly spell Rwanda.That's so totally not our fault, natch:
http://en.wikipedia.org/wiki/List_of_country_name_etymologies#R
http://en.wikipedia.org/wiki/Kingdom_of_Rwanda
Thanks, next time I'll be sure to put a million winky smilies next to obvious attempts at humor. How much are tampons up North?The French suck.
Ooh, tough guy. Infraction given.
-NR
Where the fuck did I say Europe's history was the best or the greatest or whatever? I just said there's more of it... and even took that back. Of course there are things in Europe's history to be ashamed of. But you have to admit America's history is much shorter.[/quote]What? You can't deny Europe's history is richer than that of America, the southern part of Africa or Oceania... Especially from the present perspective since much of the world's culture comes from (besides Asia).
You're right we can't really compete with Europe's History of Atrocities and exploitation.And, of course, you have had less time for atrocities, and have become a mature nation when the world was civilized already... so yeah can't compare.
http://en.wikipedia.org/wiki/Stolen_generationAaaaaaaand, last but not least, if anyone in Europe right now is to blame about colonialism and all that shit, then many people in the States and other American countries are too.
The French suck.
Ooh, tough guy. Infraction given.
-NR
The French suck.
Ooh, tough guy. Infraction given.
-NR
The French suck.
Ooh, tough guy. Infraction given.
-NR
The French suck.
Ooh, tough guy. Infraction given.
-NR
You're right we can't really compete with Europe's History of Atrocities and exploitation. [/quote]Dubyamn;328729 [quote said:And, of course, you have had less time for atrocities, and have become a mature nation when the world was civilized already... so yeah can't compare.
What you are missing is that not every nation in Europe, maybe even not most of them, had a significant part in colonialism or is to blame with the same kind of things. You can't blame Europe as a whole.Dubyamn said:http://en.wikipedia.org/wiki/Stolen_generationAaaaaaaand, last but not least, if anyone in Europe right now is to blame about colonialism and all that shit, then many people in the States and other American countries are too.
While it is true that nobody alive at the end of Colonization is still with us today the effects of colonization have occured very recently and continue to shape the world. So long as Europe continues to deny it's critical role in overturning the table and leaving the world in chaos when they went back to their continent the world will continue to swirl deeper and deeper into chaos.
Ahem.
Let's watch that "Colonial Guilt" button, shall we?
-NR
Isreal is a joint US and Europe Clusterfuck and South America would probably be much more stable if not for America sticking our noses down there. Those are the American fuck ups.What you are missing is that not every nation in Europe, maybe even not most of them, had a significant part in colonialism or is to blame with the same kind of things. You can't blame Europe as a whole.
Anyway, I already agreed with you that many european countries fucked up like half of the world so, again, I don't know what you are arguing over. Still, since you seem to be bent on discussing who's fault is the fucked up state of the world, think about this: the US have been the most powerful country in the world for about the last century. Don't you think if something's wrong right now, it may be at least partly your fault? (as a country, which I'm not sure of, but if Europe as a continent or as an emergent joint of nations can be, why the hell not).
The Stolen Generation are the children the British colonists of Australia stole from their parents in order to raise them to be civilized. It continued until the 1970's in certain areas of Australia. The point of it is to show that while you may consider the age of imperialism dead and buried some of the worst examples of Colonization continued if not during your life definitely during your parent's life.PS: What's the point of the stolen generation link? I'm sincerely asking. I have some ideas but I'm not sure of them.
Hey, i resent that, we know exactly who our father where... (greece and rome).Fucking knew you Europeans would exploit your old empire subjects to attack America.That's all part of the 12 step plan to take over the world and impose socialism on it... Convincing the UK to join us completely is step 11... unleashing MechaObama on you is step 9, right after step 8, which is giving you universal health care.
Bastards.
What, we gave them over 1000 years to figure it out before we started the raping and pillaging...I can count on 1 hand former European holding that respect either. And of course I applaud your arrogance that such ideas couldn't spring up in India or Africa had Europeans not done their whirlwind tour of raping and pillaging before leaving those countries in pisspoor shape and millions in debt to you.Who needs stuff like democracy or human rights anyway...
Well i guess the rays we're using to make you guys dumb might have something to do with it, but it's your own fault for not wearing a tin foil hat...I believe that I have prove CONCLUSIVELY that all evil in the world has sprung from Europe so yes the Europeans are still responsible for my having no idea how to correctly spell Rwanda.That's so totally not our fault, natch:
http://en.wikipedia.org/wiki/List_of_country_name_etymologies#R
http://en.wikipedia.org/wiki/Kingdom_of_Rwanda
How are the native americans enjoying their casinos btw?The Stolen Generation are the children the British colonists of Australia stole from their parents in order to raise them to be civilized. It continued until the 1970's in certain areas of Australia. The point of it is to show that while you may consider the age of imperialism dead and buried some of the worst examples of Colonization continued if not during your life definitely during your parent's life.