European Union-wide security measures proposed in the aftermath of the 11 September attacks could violate human rights norms, Human Rights Watch said in a memorandum released today.
Human Rights Watch expressed concern over a broad definition of terrorism that threatens freedom of speech, assembly and association; the lack of fair trial guarantees in the proposal for a European arrest warrant; and threats to the international refugee protection system. The group called on E.U. member states to reject prolonged detention of suspects without judicial review and encouraged the E.U. to remain staunch in its opposition to the death penalty.
Human Rights Watch's critique of two European Commission proposals and other security measures was released today in anticipation of the mid-November Justice and Home Affairs meeting at which the proposals figure prominently on the agenda. The ministers aim to conclude the new security measures by December.
At the Tampere European Council in 1999, the E.U. committed to establishing a European area of freedom, security, and justice.
"Security cannot be bought at the expense of human rights," said Elizabeth Andersen, Executive Director of Human Rights Watch's Europe and Central Asia Division. "The challenge facing the E.U. today is to meet the new security challenges without neglecting freedom-something the current proposed measures fail to achieve."
Human Rights Watch also recommended that E.U. member states commit to holding perpetrators of international crimes accountable in their countries. Characterizing the attacks on the World Trade Center as crimes against humanity, Human Rights Watch argued that the perpetrators can be tried in any country under the doctrine of universal jurisdiction.
"Instead of simply trying to get terrorist suspects out of their countries or detaining them indefinitely, E.U. members should determine if the evidence is there and try international criminals themselves," said Andersen.
