Observe human rights while fighting terrorism: Eminent Jurists Panel

By Staff
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New Delhi, Mar 2 (UNI) Asserting that firm action would be taken against terrorists, Home minister Shivraj Patil today said the government and security forces would observe the human rights while dealing with such elements.

Interacting with the Eminent Jurists panel on Terrorism, Counter-terrorism and Human Rights here, Mr Patil said since the acts of terrorism curb the human rights of ordinary citizens, the government was committed to taking firm action against them.

However, the government must act within human rights norms and standards and said strict instructions have been issued to security forces to observe the human rights, Mr Patil informed Arther Chaskalson, former chief justice and first president of the constitutional court of South Africa, who heads the global panel inquiring into the impact of terrorism and counter-terrorism measures on the role of law, human rights and humanitarian law.

Justice Chaskalson said the panel, an independent group of eight jurists appointed by the International Commission of Jurists, met Mr Patil and National Security Advisor after holding a two-day public hearing on the South Asian experience of terorrism and counter-terrorism.

Pointing out that excessive counter-terrorism laws and practices often prove counter-productive, the panel said the response to terrorism could be more effective if they comply with international human rights standards. Strongly advocating against enactment of draconian laws like TADA and POTA, the panel advocated that the counter-terrorism measures be subject to effective control by an independent civilian judiciary.

''Abuses lead to serious grievances and discontent and the alienation of communities, instead of isolating terrorist suspects, and thereby risk exacerbating rather than reducing tension and violence,'' Justice Chaskalson said.

''It was the respect for human rights that creates the necessary confidence among the public to help law enforcement and to nurture the space for improved intelligence gathering. Technological and other support for intelligence work may often be more effective than the enactment of new draconian laws,'' he pointed out.

As part of their global inquiry, Justice Chaskalson and panel member and eminent jurist from Thailand Vitit Muntarbhorn heard testimonies from present and former state officials, advocates, retired judges, representatives of bar associations and civil society representatives from India, Nepal, Sri Lanka, Bangladesh and Maldives during the two-day public hearing.

After hearing them, the Panel felt that intelligence is crucial to prevent terrorist acts. It dependes on the good coordination between security agencies and law enforcers, in addition to public support.

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