International Law

European Court of Human Rights Judgment against the Terrorism Act 2000 section 44 stop and search without reasonable cause powers

The European Court of Human Rights in Strasbourg (which is not a European Union institution) has ruled against this Labour Government and the Home Office's controversial and counterproductive Terrorism Act 2000 section 44 "stop and search" without reasonable suspicion powers.

Read the European Court of Human Rights Judgment:

CASE OF GILLAN AND QUINTON v. THE UNITED KINGDOM

(Application no. 4158/05)

JUDGMENT

STRASBOURG

12 January 2010

[...]

87. In conclusion, the Court considers that the powers of authorisation and confirmation as well as those of stop and search under sections 44 and 45 of the 2000 Act are neither sufficiently circumscribed nor subject to adequate legal safeguards against abuse. They are not, therefore, "in accordance with the law" and it follows that there has been a violation of Article 8 of the Convention.

[...]

The ECHR HUDOCS database is hard to link to, and slow, so here is a copy of the Judgment (.doc)

Will this obstinate, increasingly authoritarian Government and bureaucracy, simply ignore this ECHR Judgment, like they have done with the retention of Innocent people's DNA Marper case, which they lost over a year ago ?

Will some (but not all), Police Constables in Uniform, Police Community Support Officers and jobswoth private security guards, continue to ignore the memos from their superiors, and continue to abuse this counterproductive legal power, to harass Photographers, Tourists, Trianspotters and even Members of Parliament ?

The Information Commissioner's Office has, since mid-November 2009, been preparing a Decision Notice, which should really have been published by now:

See the Spy Blog UK Freedom of Information Act Requests HO Terrorism Act 2000 s44 Authorisations category archive

Full post as published by Spy Blog on January 12, 2010 (boomark / email).