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42-day plan may clash with human rights, watchdog says

Martin Bentham, Home Affairs Editor
1 Oct 2008


A European human rights watchdog whose members include John Prescott has criticised the Government's plans to hold terror suspects for up to 42 days without charge.

The European Council's committee on legal affairs and human rights said the proposals may not be compatible with human rights laws.

The committee, whose other members include former Labour minister Ann Clwyd and Newport West MP Paul Flynn, also warned that the legislation was "not readily understandable".

The council represents 42 European countries and was established in 1949 to promote human rights and freedoms. Mr Prescott was voted on to the council by other MPs when he quit government last July.

Today the committee issued a report which said that 42-day detention without charge risked being in conflict with the European Convention on Human Rights, which Labour incorporated into British law after their 1997 election victory.

The report also warned that being held for up to 42 days with only limited opportunity for judges to review the detention "can lead to arbitrariness".

The 42-day legislation - fiercely opposed by some of Labour's own backbenchers - is widely expected to be rejected by the Lords later this month.

Reader views (2)

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I hate the whole yuman rites act, but this is truly a gross abuse of power, and if it goes ahead we really are all screwed.

Can the public not see what is going on, with the erosion of civil liberties?

- P I Staker, london, 01/10/2008 23:08
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These proposals violate basic tenets of our hard won rights on habeas corpus and are a undelible blemish on civilised standards. The Brown Government would be ashamed if it knew what shame was.

- James Elliott, Eastbourne UK, 01/10/2008 16:33
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