[Infowarrior] - Stop-and-search use ruled illegal

[Richard Forno]

    Stop-and-search use ruled illegal
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".

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.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/8453878.stm

Published: 2010/01/12 14:39:46 GMT

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