C/L/152. TERROSISM AND THE EUROPEAN CONVENTION

The theme of this paper turns on the construction of article 5 of the European Convention of Human Rights by the court in Strasbourg, as it relates to the application to Terrorists. It finds that a low standard is asked of governments in relation to terrorist detainees, at is in the public interest. However, the court would find against the government where it finds that breaches are particularly grievous. However, the court has considerable deference for government's counter-terrorism policies, as the court sees itself as ill-equipped to decide on facts which it may not be fully privy too. Incidental to this is the allowance of the court for governments to derogate from article 5, by virtue of article 15, where the situation so demands. The paper concludes by asserting that to differentiate between a law abiding society against an Alsatia, is not to suspend the law, but to do justice upon the wrongdoer, whoever he may be, and whatever he may have done, no matter how heinous or reprehensible.