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Sent: Monday, February 19, 2001 8:36 PM
Subject: UK: Report On New "Anti-Terrrorism Law" - The Guardian





*Manchester Guardian" (UK)
Guilty until proven innocent
==================
The redefined Terrorism Act targets environmental activists as well as
armed extremists and reverses the burden of proof, says Richard
Norton-Taylor

Monday February 19, 2001

 From today there will be hundreds, perhaps even thousands more "terrorist
suspects" in Britain.

As John Wadham, director of Liberty, the civil rights group, has pointed
out, under the new Terrorism Act, protesters and activists, with no
interest in overthrowing the state or harming the general public, could
find themselves falling under the Act's expanded definition of terrorism.

Under the Act it is a criminal offence to possess any "article" or
"information", including photographs, in circumstances which give rise to a
"reasonable suspicion" they would be used for "terrorist" purposes - a
clause which has serious implications, not least for journalists.

The Act reverses the burden of proof - it will be up to the accused to
prove their innocence, in other words, to prove a negative.

That is not all. The definition of terrorism in the bill includes "the use
or threat, for the purpose of advancing a political, religious, or
ideological cause, of action which involves serious violence against any
person or property". This could embrace not only armed extremists but also
environmental activists attacking GM crops.

For the first time, the term "terrorism" will apply to domestic groups
which can be proscribed by the home secretary. It will be an offence to
"provide money or other property" which may be used "for the purposes of
terrorism" and not tell the police when you suspect others of doing so.

It will be a criminal offence to speak at the same meeting as someone from
a proscribed organisation.

This will have the peculiar result of making it a criminal offence to
oppose such an organisation. The meeting could be of no more than three
people, private or public. It could be an informal gathering or a
discussion in a pub.

The Act also introduces a criminal offence of "incitement" - an offence
which could catch, for example, anyone calling for the overthrow of
undemocratic regimes abroad. It would have caught Nelson Mandela and other
ANC leaders who supported armed struggle against the apartheid regime in
South Africa.

The Act gives the police an array of sweeping new powers and in effect sets
up a parallel criminal justice system wide open to abuse and far beyond the
provisions of the Police and Criminal Evidence Act. It gives them stop and
search powers on the basis of "expediency" and of "suspicion", not of
committing any offence, but of being connected, or potentially connected,
to the bill's vague description of "terrorism".

The Act, says Wadham, "creates a two-tier system - in which people
suspected of a criminal act for moral or political reasons will have less
rights than someone who commits a similar crime for reasons of lust, greed
or viciousness".

By concentrating on motivation, it includes activity which the vast
majority of the public would not regard as terrorism, while excluding gangs
of racketeers or drug-runners, for example, engaged in serious criminal
activities.



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