European court rules UK stop and search terrorism law is illegal
Two activists have won a landmark victory in the European courts over the UK police’s use of the controversial anti-terrorism laws to stop and search political activists. On Tuesday 12th January Pennie Quinton and Kevin Gillan won their case against the Metropolitan Police in the European Court of Human Rights over being stopped and searched under Section 44 of the Terrorism Act (2000) at the DSEi arms fair protest at Docklands, London in 2003.
The court ruled the police had violated Article 8 of the European Convention on Human Rights – the right to respect private life, in stopping and searching the pair who were on their way to the demonstration, as the powers under Section 44 were “neither sufficiently circumscribed nor subject to adequate legal safeguards against abuse”.
The seven judges, including one from the UK, and Section Registrar unanimously agreed that not only did the searches constitute an interference with private life, but were also applied in a manner that meant there was no form of legal protection for individuals involved, ruling the searches were “not, therefore, ‘in accordance with the law’ and it follows that there has
been a violation of Article 8 of the Convention.”
This is the first time the terrorism laws have been successfully challenged in such a way through the courts and calls into question not only the police’s misuse in applying Section 44, but the legislation itself as a breach of human rights and an infringement on civil liberties. The government, who introduced the act as a replacement to the Prevention of Terrorism Act, are now compelled to reassess the application of such a policy.
As the legislation currently stands, the police have the right to stop and search anyone under Section 44 within a defined area over a defined period, authorised by a senior officer, but confirmed by the Home Secretary, for articles which could be used in connection with terrorism. Section 44 does not require the police to have ‘reasonable suspicion’ that an offence has been committed nor there is any suspicion of wrongdoing by the individual. This gave rise to the application by Quinton and Gillan for a judicial review in the domestic courts and finally, some six years later, recognition in the European courts, who noted in their judgement: “The individual can be stopped anywhere and at any time, without notice and without any choice as to whether or not to submit to a search.”
Sections 44 of the Terrorism Act came into force in February 2001 and has been in permanent use in the capital as part of a rolling programme of successive section 44 authorisations, each covering the whole of the Metropolitan Police district and each for the maximum permissible period, 28 days, have been made and confirmed ever since that time. There were 256,000 stops under the terror law in 2008/09 but just 0.6% resulted in any arrest.
Both Quinton and Gillan were awarded 33,850 euros for costs and expenses.