Walter Schwimmer, Secretary-General of the Council...

Walter Schwimmer, Secretary-General of the Council of Europe, on initiatives to enhance police and judicial co-operation in the fight against terrorism:
"The attacks of September 11 made the fight against terrorism a fundamental political priority for governmental and intergovernmental action. People everywhere felt as if they were attacks on each of us and also on our common values.
"The rule of law and the protection of human rights and fundamental freedoms have been the foundation of the Council of Europe since its establishment in 1949.
"The European Convention on Human Rights (ECHR) stands out as Europe's main human rights standard, protecting the rights of 800 million Europeans in 43 member states of the Council.
"The ECHR is very clear on some basic rights that have to be protected at all times: there can be no retroactive criminal legislation, an absolute prohibition on torture and other ill-treatment, no recourse to the death penalty and no violation of the right to life in general.
"The Convention also requires that all crimes are defined and precisely circumscribed in law. This point is particularly important in relation to the current work to define the crime of terrorism. In seeking a definition, care must be taken not to stifle legitimate dissent and political opposition since the fundamental freedoms involved are at the heart of political democracy, as has been stated in the European Court of Human Rights' case law.
"Emergency derogations are permitted for certain Convention rights, but only in time of war or other public emergency threatening the life of the nation and only to the extent that they are strictly proportionate. The UK Government has submitted proposals to Parliament concerning measures to combat terrorism and crime: it is, for example, seeking extra powers to detain people pending their deportation or removal from the UK and proposes making a derogation from Article 5 of the European Human Rights Convention. This provision, which guarantees the right to liberty and security of person, provides that no one shall be deprived of his liberty, save in the cases specifically mentioned.
"Civil liberties organisations in the UK have stated their intention to test the derogation in court. Ultimately, it will be up to the European Court to rule on whether the legal conditions for such a derogation are met.
"I take strong issue with the idea that human rights considerations may be brushed aside when faced with the need to fight terrorism. The Convention is not a naive text: it was adopted as a hard-law response to the cruelties committed before and during the Second World War and its authors knew full well what could be at stake.
"The fight ahead of us is not only against terrorism but also to protect democratic values and fundamental rights and freedoms so that they remain deeply entrenched in our society.
"The fight against terrorism cannot be won by repression alone. Terrorism will finally be defeated when democracy and human rights have prevailed.