Aung San Suu Kyi and Control Orders

British Politicians continue to pour scorn over the Dictatorship in Myanmar and I too am pleased to hear of the release of Aung San Suu Kyi, there are some disturbing parallels.

Control Orders

Control Orders

Apologists, will undoubtedly claim this is the ramblings of someone unhinged and it is a disgrace to compare Control Orders and an abhorent dictatorship in Myanmar.

Lets have a look-

The controlee does not know the accusation or case against them and is powerless to dispute it or show their innocence. Under a control order you might never know the accusation against you, and never have the chance to clear your name.

Control orders enable the Home Secretary to impose an almost unlimited range of restrictions on any person they suspect of involvement in terrorism. Parliament must vote every year to continue the control order scheme.

The key differential being the word terrorism

Definition of terrorism :

Terrorism Act 2000:

(1)In this Act “terrorism” means the use or threat of action where—

(a)the action falls within subsection (2),

(b)the use or threat is designed to influence the government [F1or an international governmental organisation] or to intimidate the public or a section of the public, and

(c)the use or threat is made for the purpose of advancing a political, religious [F2, racial] or ideological cause.

(2)Action falls within this subsection if it—

(a)involves serious violence against a person,

(b)involves serious damage to property,

(c)endangers a person’s life, other than that of the person committing the action,

(d)creates a serious risk to the health or safety of the public or a section of the public, or

(e)is designed seriously to interfere with or seriously to disrupt an electronic system.

(3)The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.

(4)In this section—

(a)“action” includes action outside the United Kingdom,

(b)a reference to any person or to property is a reference to any person, or to property, wherever situated,

(c)a reference to the public includes a reference to the public of a country other than the United Kingdom, and

(d)“the government” means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom.

The Definition of Terrorism
A Report by Lord Carlile of Berriew Q.C.
Independent Reviewer of Terrorism Legislation: 2007 concluded:

MAIN CONCLUSIONS
86. My main conclusions are as follows:
(1) There is no single definition of terrorism that commands full
international approval.
(2) The risks posed by terrorism and its nature as crime are sufficient to
necessitate proportional special laws to assist prevention, disruption
and detection.
(3) A definition of terrorism is useful as part of such laws.
(4) The current definition in the Terrorism Act 2000 is consistent with
international comparators and treaties, and is useful and broadly fit
for purpose, subject to some alteration.
(5) Idiosyncratic terrorism imitators should generally be dealt with
under non-terrorism criminal law.
(6) The discretion vested in the authorities to use or not to use the special
laws is a real and significant element of protection against abuse of
rights.
(7) The exercise of such discretion requires especial care by those in
whom the discretion is vested.
(8) New sentencing powers should be introduced to enable an additional
sentence for ordinary criminal offences, if aggravated by the
intention to facilitate or assist a terrorist, a terrorist group or a
terrorist purpose.
(9) Offences against property should continue to fall within the
definition of terrorist acts.
(10) Religious causes should continue to fall within the definition of
terrorist designs.
(11) The existing law should be amended so that actions cease to fall
within the definition of terrorism if intended only to influence the
target audience; for terrorism to arise there should be the intention to
intimidate the target audience.
–47–
(12) The existing definition should be amended to ensure that it is clear
from the statutory language that terrorism motivated by a racial or
ethnic cause is included.
(13) Extra-territoriality should remain within the definition in accordance
with international obligations.
(14) A specific statutory defence of support for a just cause is not
practicable.
(15) A new statutory obligation should require that the exercise of the
discretion to use special counter-terrorism laws in relation to extraterritorial
matters should be subject to the approval of the Attorney-
General having regard to (a) the nature of the action or the threat of
action under investigation, (b) the target of the action or threat, and
(c) international legal obligations.
(16) The law should not be amended to enable the use in the United
Kingdom of the special laws against persons subject to diplomatic
immunity.

Palace of Westminster

Palace of Westminster

We have a dangerously weak definition of terrorism, which at present could be interpreted, if the state so minded, to define that Protest Demonstrations where violence was perpetrated could find themsleves becoming proscribed and therefore fall under the definition of a terrorist organisation.

The feminist movement went as far as threatening to kill MPs- Terrorists?

The Poll Tax Riots – Terrorists?

Far fetched?

Anti-terrorism laws are being used by councils to look in your dustbin.

As long as we continue to have Control Orders in this country, expect more Aung San Suu Kyis’ to be detained in this country.

Enhanced by Zemanta
Share on Tumblr Share

Related posts:

I am an MP I need to be compensated
Dear Gordon we the banks expect
The Democratic Disconnect

Let us talk about
Name and Mail are required
Join the discuss