US seeks Afghan prison interrogation deal

The United States is seeking a deal with the Afghan authorities to retain the ability to hold and interrogate foreign terror suspects at a special wing of Bagram prison. The wing would be kept under US jurisdiction beyond the scheduled 2011 transfer of power. President Barack Obama’s administration is desperate to find somewhere to hold and interrogate terrorism suspects captured in countries such as Somalia or Yemen, the LA Times reported.

Officials said that suspects from Afghanistan AND Pakistan would be sent to Bagram as well, but be held under Afghan jurisdiction.

Senior Defense officials have expressed frustration that the U.S. lacks
an overseas prison where new terrorism suspects can be held. Some
Defense officials believe the U.S. is often pushed into trying to kill
militants, instead of attempting to capture and question them. Some
detainees can be held by friendly governments in the countries in which
they are captured. But in such situations, American interrogators do not
have control of the suspects.

Rights groups challenge UN blacklist in court

Canada’s participation in the U.N.’s anti-terrorism sanctions regime, also known as the “1267 Regime”, is being challenged in Federal Court by the BC Civil Liberties Association (BCCLA) and the International Civil Liberties Monitoring Group (ICLMG), in conjunction with Abousfian Abdelrazik (the only Canadian citizen on the 1267 List, despite the fact that both the Canadian Security Intelligence Service and the Royal Canadian Mounted Police have cleared him of involvement in any criminal activities).

Warren Allmand, for the ICLMG: “Individuals placed on the 1267 List are subjected to the most severe restrictions on their personal liberties, yet afforded none of the basic protections of procedural fairness absolutely fundamental to the rule of law.”

The 1267 Regime has drawn criticism from Canada’s Federal Court, the United Nations’ own experts, and the European Court of Justice. Earlier this year, the House of Lords struck down the domestic implementation of the 1267 Regime in the United Kingdom, criticizing the lack of an effective judicial remedy against a listing by the UN’s 1267 Committee. In March the Swiss Parliament’s foreign-relations committee approved a proposal to create a mechanism under which the Swiss government would have to stop enforcing international financial sanctions against people on the U.N. 1267 terrorist list in circumstances where little had been proved against them.

Carmen Cheung, Counsel at the BCCLA : “The protection of rights is at the core of the UN’s mission. The UN Charter’s requirement that all state parties implement directives contained in Security Council Resolutions simply cannot extend to practices that are patently at odds with basic principles of fairness and due process. It would run counter to the very notion of the rule of law – the bedrock upon which all international human rights is built.”

EU adopts “Instrument for compiling data and information on radicalisation processes”

On 16 April the General Affairs Council of the Council of the European Union adopted the Council Conclusions “on the use of a standardised, multidimensional semi-structured instrument for collecting data and information on the processes of radicalisation in the EU.”

The Conclusions start as follows:

Following the resurgence of terrorist activities across the world in recent years, in 2005 the European Union developed a global counter-terrorism strategy which had prevention as one of the four strands of its strategic commitment. The purpose of that strand is to prevent individuals from turning into terrorists by tackling the factors and profound causes which may lead to radicalisation and recruitment both in Europe and elsewhere.
(…) In the Revised EU Radicalisation and Recruitment Action Plan – Implementation Plan, it is recommended that the Member States take steps to share information on radicalisation and put in place mechanisms to systematically analyse and assess the extent of radicalisation on the basis of a multidisciplinary approach.

The Conclusions thus propose an instrument,  called “Instrument for compiling data and information on violent radicalisation processes” (EU doc no: 7984/10 ADD 1), “as a basic mechanism for collecting data and information on violent radicalisation (VR) processes which could prove particularly useful at the information-gathering stage”.

The Instrument is to be used by Member States, EU agencies, security and intelligence agencies, and police forces. The Instrument is set up to prevent people turning to terrorism through radicalisation. Firstly by analysing the various environments where radicalisation occurs, then secondly by introducing systematic ways of exchanging information on individuals or groups who use hate speech or incite terrorism.

Tony Bunyam for Statewatch wrote a critical analysis of the Council Conclusions. Click here to read it.

Forcese: Compilation of Reported Judgments in Terrorism Criminal Trials

Craig Forcese (Associate Professor, University of Ottawa – LAW) has recently published a compilation of written judgments in criminal cases involving terrorist offences in the Canadian Criminal Code.
The cases include: R. v. Thambithurai (2010), R. v. Namouh (2010), R. v. Amara (2010), R. v. Gaya (2010), R. v. Khalid (2009), R. v. Khawaja (2009), R. v. Y. (N.) (2008), R. v. Lapoleon (2007).

US Senate bill proposes President emergency Internet powers

On Thursday 10 June Senator Joe Lieberman, chairman of the Homeland Security Committee, announced a new bill, formally titled the Protecting Cyberspace as a National Asset Act (PCNAA), which would grant the President far-reaching emergency powers to seize control of or even shut down portions of the Internet.

The legislation announced says that companies such as broadband providers, search engines, or software firms that the government selects “shall immediately comply with any emergency measure or action developed” by the Department of Homeland Security. Anyone failing to comply would be fined.

Any company on a list created by Homeland Security that also “relies on” the Internet, the telephone system, or any other component of the U.S. “information infrastructure” would be subject to command by a new National Center for Cybersecurity and Communications (NCCC) that would be created inside Homeland Security. The only limitation to such powers is that the NCCC cannot order broadband providers or other companies to “conduct surveillance” of Americans unless it’s otherwise legally authorized.

The NCCC also would be granted the power to monitor the “security status” of private sector Web sites, broadband providers, and other Internet components. Furthermore, selected private companies would be required to participate in “information sharing” with the Feds.

On the otehr hand, the proposed legislation offers to industry groups immunity from civil lawsuit. That is, if a software company’s programming error costs customers billions, or a broadband provider intentionally cuts off its customers in response to a federal command, neither would be liable.

Shanghai Cooperation Organisation: Summit final declaration aims at tightening counter-terrorism cooperation

On 11 June, the Member States of the Shangai Cooperation Organisation (SCO) issued a declaration following their 10th annual summit in Tashkent (Uzbekistan).

The declaration states that SCO members, namely China, Russia, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan, should further enhance their cooperation in fighting all forms of terrorism and strengthen dialogue between different civilizations and cultures so as to prevent the growth of terrorism and extremism. No reference to human rights was included in the final declaration.

(h/t ICJ)