Draconian laws under fire
by Sean O'Tuama
A wave of condemnation from a number of legal and human rights
groups has met the British government's proposed `emergency'
legislation to reintroduce internment by the back door.
The Solicitors Criminal Bar Association in Belfast last week said
this ``hurried, reactive legislation'' had no place ``in a
democratic society''. In particular they were concerned at giving
increased power to the RUC ``To allow a suspect to be convicted on
the word of a police officer, coupled with the refusal to
co-operate with the officer, means that a defendant is no longer
presumed innocent but must in fact prove his innocence.''
The Association's concern that these measures were open to abuse
was echoed by the human rights group, the Pat Finucane Centre in
Derry. A spokesperson said, ``there is no evidence that such
legislation has been effective in the past. There is, however,
considerable evidence that repressive legislation has been open
to abuse and has led to miscarriages of justice.'' He added that
an integral part of the Good Friday document was ``respect for
human rights by both the British and Irish states.''
Gerry O hEara, Sinn Féin Northern Chairperson, confirmed this
last point when saying on Monday that the proposed measures were
``contradictory to the spirit and intent of the Good Friday
Agreement.''
The Prevention of Terrorism Act Research and Welfare Association
pointed out that 97% of people held under the PTA provisions
similar to this emergency legislation were found to be innocent
of any offence, highlighting the potential for abuse within these
new laws, further illustrated by the numerous attempts by RUC to
recruit informers in recent months and the case of the three West
Belfast men currently suing the force after they were wrongfully
arrested for the murder of Belfast drug dealer, Bobbie Dougan, in
February.
Undaunted by these civil liberties concerns, a spokesperson for
the British Premier said on Tuesday that these new laws would
also include the right to seize the assets, including the home,
of anyone convicted under this `emergency' legislation.
However Mo Mowlam seemed unaware of any of these concerns as she
launched a review of the criminal justice system in the Six
Counties last Friday. The review, to be completed by next autumn,
was a provision of the Good Friday document and its remit is to;
deliver a fair and impartial system of justice, be responsive to
community concerns and have the confidence of all parts of the
community. Ignoring the impending `Draconian' laws, Mowlam
declared there would be ``consultation'' on the review, adding, ``on
behalf of the government, I would encourage organisations,
agencies, groups and individuals to participate in the important
debate which this paper is intended to stimulate.''
Only after pressure from backbench Labour MPs did the British
government say on Tuesday that no one would be convicted solely
on the word of an RUC man. ``Other'' unspecified evidence would
also be required.
![[An Phoblacht]](http://republican-news.org/graphics/title_gifs/aprn.gif)