UK: New Counterterrorism Bill Endangers Basic Rights

“Setting aside basic rights is the wrong answer to terrorism, yet the government is still determined to hold suspects for six weeks without charge,” said Benjamin Ward, associate Europe and Central Asia director at Human Rights Watch. “Parliament should reject the government’s latest attempt to push back the limits of pre-charge detention.”

The bill, which is the sixth major counterterrorism legislation since 2000, would give the home secretary temporary authority to extend pre-charge detention to 42 days in terrorism cases.

A broad spectrum of experts – including Director of Public Prosecution Sir Ken MacDonald, the current and former attorneys-general, and the Parliamentary Joint Human Rights Committee – see no case for an extension of pre-charge detention beyond the current 28-day limit. Human Rights Watch considers that the current limit already violates human rights law. It is the longest by far in the European Union, and significantly longer than the permissible period in the United States and Canada.

Under the complex provisions of the bill, the home secretary could temporarily authorize 42 days of pre-charge detention in terrorism cases, following joint advice from the director of public prosecution and a chief police officer that an extension beyond 28 days would be necessary in a particular terrorism investigation. Once the home secretary has authorized extended pre-charge detention, any terrorism suspect in the UK can be detained without charge for 42 days.

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