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Europe puts the UK's 42-day rule under human rights microscope
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23 June 2008
Investigation: The E.U. Assembly approved a report into the House of Commons' 42-day detention rule
A European human rights watchdog is to investigate the House of Commons' decision to allow 42-day detention of terrorist suspects.
A report on whether the rule breaches the Human Rights Convention is to be drawn up by the Council of Europe's Parliamentary Assembly, made up of national MPs from 47 countries.
The move, approved at the start of the assembly's summer session in Strasbourg, comes before House of Lords consideration of the vote.
A debate on the assembly's findings is expected in late September.
Michael Hancock, a Liberal Democrat MP and one of Westminster's 18 delegates on the assembly, said he welcomed the investigation as the Commons vote approving the change had been 'a disgrace to our democratic system'.
He told the Assembly: "This issue is very relevant to the whole principle the Council of Europe stands for. It goes against the grain of everything this Assembly stands for. In any other country it would be opposed immediately."
He said the issue was now going before the House of Lords and it would be "opportune" to have the Assembly express a view on the matter first.
Labour MP Denis MacShane said, however, that it was 'wholly improper' to debate the issue in the assembly while it was still going through the UK democratic process.
The Assembly's Legal Affairs Committee is likely to appoint the report's author before the end of the week, with a debate on the findings expected in late September - adding to Prime Minister Gordon Brown's hurdles in getting the legislation through.
Tory MP for Spelthorne David Wilshire said the UK Parliament had approved "giving police powers to knock on your door at six in the morning, take you to a police cell and lock you up for six weeks - 42 days - without telling you what you are accused of or giving you the evidence they have against you".
It was "something the Soviet regimes of the past would have been proud of".
Mr Wilshire said he was ashamed of the decision which, he insisted, breached the Human Rights Convention: "We (the Assembly) must have an opinion on it."
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