General Article Anti-terrorism and human rights

Topic Selected: Terrorism
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By Nils Mulznteks

 

If you think that democracies can harmlessly forfeit human rights in the fight against terrorism, you should think twice. On 24 July, the European Court of Human Rights, the highest judicial body protecting the rights of individuals in 47 European countries, delivered two judgements which reaffirmed that absolute human rights norms, such as the prohibition of torture, must be upheld in all circumstances.

The European judges were asked to determine whether Poland had violated its human rights obligations in relation to the conditions of detention, interrogation and transfer to the US of two terrorist suspects currently held in Guantanamo, Abd Al Rahim Hussayn Muhammad Al Nashiri and Zayn Al-Abidin Muhammad Husayn, also known as Abu Zubaydah.

The seven judges unanimously found that Poland breached the European Convention on Human Rights on all these counts and on the failure to conduct effective investigations into the applicants’ allegations. Indeed, the investiga...

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