A statement issued by the Office of the United Nations High Commissioner for Human Rights (OHCHR) indicates that the proposed ‘Bill to Protect the State from Terrorism’ contains many of the same flaws found in the existing Prevention of Terrorism Act (PTA) and the proposed Counter-Terrorism Act. The statement also includes nine recommendations on how the draft bill should be amended.
The ‘Bill to Protect the State from Terrorism’ was presented to Parliament on the 6th of this month by the Minister of Justice and National Integration.
The OHCHR statement further notes that the proposed bill must be drafted in accordance with United Nations legal principles aimed at preventing arbitrary actions and discrimination. However, the Human Rights Commission has noted that the proposed Bill contains many of the same shortcomings found in the controversial Prevention of Terrorism Act (PTA) and the draft Counter-Terrorism Bill—which was intended as an alternative to the PTA. Consequently, the Commission has requested the government to conduct a comprehensive review of the proposed Bill before it is enacted.
The Commission has further stated that, for this purpose, input should be sought from independent institutions, civil society organizations, and legal experts. It has also issued nine recommendations regarding how the proposed Bill should be amended. These recommendations are presented below. 01. Clearly and precisely define offenses related to terrorism; significantly amend or remove provisions that could criminalize the exercise of freedom of expression and civil activism.
- Subject every arrest and detention to independent and active judicial oversight without delay.
- Strengthen safeguards against torture, ill-treatment, arbitrary detention, and enforced disappearances.
- Ensure due process and fair trial guarantees.
- Mandate judicial warrants for search, entry, and seizure powers.
- Prioritize the role of a civilian police force.
- Effectively establish independent oversight, accountability mechanisms, and avenues for redress.
- Clearly define provisions relating to immunity.
- Conduct meaningful public consultation before taking any further steps regarding the draft.
Furthermore, the definition of terrorist acts must be precisely limited to intentional acts of violence that are genuinely of a terrorist nature. …the Office of the United Nations High Commissioner for Human Rights states.
It further recommends that matters defined as “confidential information” in the Bill be specified more precisely including the protection of media sources and legal professional privilege.