Draft EU anti-terror rules criticised

The EU has been urged to include a “safeguard clause” in any future anti-terror legislation.

In making the demand, Dick Marty of the council of Europe also criticised draft EU anti-terror rules for “failing to give due consideration” to fundamental human rights.

Marty was responding to the revised framework decision, which defines EU-wide laws against inciting terrorist attacks and recruiting or training terrorists.

Speaking in parliament on Monday, Marty was highly critical of the draft proposal because he said it does not spell out that such laws must be applied in line with existing international human rights standards, such as freedom of expression, association and religion.

Marty, a Swiss Liberal parliamentarian and council of Europe parliamentary assembly (PACE) member, said basic human rights were “not an accessory or decoration”.

He regretted that the commission’s initiative might “damage” the fight against terror by calling into question the recently agreed council of Europe convention on the prevention of terrorism which, he said, already covers the same ground and is open to a wider circle of countries.

“These EU rules weren’t needed in the first place because they duplicate the Council of Europe convention on this topic, which most EU states have already agreed to be bound by,” said Marty.

“But if the EU insists on going ahead with these rules, then they must take into account, for example, the case law of the European court of human rights, which ensures that anti-terrorist measures do not violate human rights.”

He said the so-called safeguard clause he proposed would make any new anti-terror laws subject to existing human rights obligations in international law.

Marty, chairman of PACE’s legal affairs and human rights committee, was a keynote speaker at a conference organised by the European parliament's civil rights, justice and home affairs committee.

The meeting was called to debate ways of combating public provocation to commit terrorist offences.

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