Criminalising 'thought crimes' obstructs fight against terrorism

10.09.22am UTC (GMT +0000) Tue 19th Feb 2008

Commenting on efforts to make 'glorification' of or 'apology for' terrorism criminal offences in themselves in a European Parliament report on radicalisation and recruitment for terrorism, Liberal Democrat European Justice Spokeswoman Baroness Sarah Ludford MEP, a member of the Parliament's civil liberties committee, said:

"We have been round this circuit before in UK legislation and it does not work. There is firstly a chilling effect on free speech in discussing conflict situations or 'liberation struggles' like Nelson Mandela and the ANC. But also the law may prove ineffective and subject to mockery if convictions for 'thought crimes' are unsustainable.

"British law is now in a state of confusion and disarray after the Court of Appeal, the second-highest British court, struck down convictions for terrorism of five men because there was no evidence in their possession of extremist literature of an intention to incite a terrorist act.

"If they are terrorists, they have walked free because legislators in the search for gestures created bad and unsound law. The same will happen elsewhere if the need to show terrorist purpose or incitement is removed. Laws must be both just and effective, and sloppy thinking undermines the real fight against terrorism. "

Sarah Ludford, who was vice-chair of the European Parliament committee on 'extraordinary rendition' also commented on the presentation from Dick Marty of the Council of Europe (CoE), who wrote the CoE's report on torture flights and secret jails, that EU procedures for terrorist blacklisting do not comply with European human rights law. This is resulting in cases in the Luxembourg EU courts.

She said:

"This is also an example where the lack of careful law and proper safeguards torpedoes the anti-terrorist effort. When people are blacklisted with no right of appeal or independent scrutiny, the risk is that martyrs are created and public confidence in the law is eroded."