In this briefing paper, sent to MPs in advance of the Counter Terrorism Bill second reading, the Commission argues holding terrorist suspects for up to 42 days could be contrary to human rights law and may breach the Race Relations Act.
After detailed consideration of the provisions of the Bill as presently constituted, the Equality and Human Rights Commission considers that the provisions in the Bill - which provide for a temporary extension to the maximum amount of time that terrorist suspects can be held before being charged to 42 days - could be:
a. contrary to human rights law and may
b. breach the Race Relations Act.
If adopted, we may seek to use our legal powers to challenge the lawfulness of the provisions and to establish clear legal principles on the use of pre-trial detention.
Download the full briefing (Word 623kb)
The briefing paper has attracted a lot of press coverage including the following articles:
Watchdog's threat to 42-day terror law, Alan Travis, The Guardian, 31 March 2008
Countering the Counter-Terrorism Bill, Rachel Sylvester, The Telegraph, 1 April 2008