Terror suspects are entitled to basic rights too, says British Bar Chairman
Tuesday, 13 September 2005 11:42am
LONDON, Tues.: The Chairman of the Bar Council of England and Wales, Guy Mansfield QC (picture) told the Commonwealth Law Conference yesterday which opened here on Sunday that whatever is the right strategy in the fight against terrorism, even defendants charged with the most appalling crimes remain entitled to basic rights.
Mansfield was referring to the British government's plans to hold parts of trials in secret and new deportation laws in the wake of recent bombings in London.
In reaffirming his belief in freedom under the law without exceptions, Mansflied said: "Those tenets face real challenges today. Terrorism is not limited to Al Qaeda and its cousins. There are disaffected groups in many of our societies. Governments are moving to address internal dangers with greater enthusiasm for repressive measures. What one does another follows. We must test these measures against best principles.
"We must use this conference to affirm the common values we all believe in; the rule of law and the right to a fair trial.
"Whatever is the right strategy in the fight against terrorism - even defendants charged with the most appalling crimes remain entitled to basic rights. These are enshrined in international instruments."
Under proposals set out by the British government, the defendants are not entitled to free legal representation as the Bristish secret agency MI5 will vet "special advocates" before they are allowed to represent the defendants who may not be allowed to see some of the evidence against them.
Mansfield's remarks echo the views of Cherie Blair, QC who said at the Sultan Azlan Shah Lecture held in Kuala Lumpur recently that governments must comply with the law even when national security is under threat.
Mansfield said we must guard against attempts to remove the procedural rights that we afford to any “ordinary” defendant.
"The doctrine of necessity is a dangerous handmaiden.
"We must be careful our governments do not create a new category of defendant denied basic rights hitherto thought indispensable.
"So too we must speak up for the independence of the judiciary - if that goes we are all lost."
He added that it is our duty to work for effective access to justice.
"Basic legal aid is a public service. Without legal assistance legal rights cannot be given effect. The most disadvantaged suffer. Social injustice is perpetuated."
He said the theme - the rule of law reliant on independent judges and access to justice - is our hallmark and urged Conference participants to carry it forward.
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