The changing role of the prosecutor in Counter Terrorism since September 11 Elizabeth Howe OBE General Counsel of the International Association of Prosecutors Chief Crown Prosecutor, England and Wales

UN Secretary General, Kofi Annan(2003) ‘Our response to terrorism as well as our efforts to thwart it and prevent it, should uphold the human rights that terrorists aim to destroy. Respect for human rights, fundamental freedoms and the rule of law are essential tools in the effort to combat terrorism-not privileges to be sacrificed at a time of tension’ ‘Our response to terrorism as well as our efforts to thwart it and prevent it, should uphold the human rights that terrorists aim to destroy. Respect for human rights, fundamental freedoms and the rule of law are essential tools in the effort to combat terrorism-not privileges to be sacrificed at a time of tension’

Terrorism No universal definition-’the unofficial or unauthorised use of violence and intimidation in the pursuit of political aims’ (OED) No universal definition-’the unofficial or unauthorised use of violence and intimidation in the pursuit of political aims’ (OED) changing nature of terrorism from domestic to transnational threat changing nature of terrorism from domestic to transnational threat Prevalent pre 2001-eg Northern Ireland (UK) Prevalent pre 2001-eg Northern Ireland (UK)

Global Response to 9/11 UN Security Council Resolution 1373(28/9/2001) –all states to afford one another ‘the greatest measure of assistance’ in connection with criminal investigations or criminal proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings. UN Security Council Resolution 1373(28/9/2001) –all states to afford one another ‘the greatest measure of assistance’ in connection with criminal investigations or criminal proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings.

Global responses contd. Counter-Terrorism Committee Counter-Terrorism Committee CTED (Counter-Terrorism Committee Executive Directorate) CTED (Counter-Terrorism Committee Executive Directorate) UN General Assembly adopted UN Global Counter Terrorism Strategy (UNGCTS) UN General Assembly adopted UN Global Counter Terrorism Strategy (UNGCTS) Resolution 1267 October sanctions regime. Dec 2009 –Office of Ombudsman for delisting Resolution 1267 October sanctions regime. Dec 2009 –Office of Ombudsman for delisting

Ombudsman-Kim Prost

Global responses contd. Resolution 1456 – 2003 ‘states must ensure that any measure taken to combat terrorism comply with all their obligations under international law and should adopt such measures in accordance with international law, in particular international human rights, refugee and humanitarian law’ Resolution 1456 – 2003 ‘states must ensure that any measure taken to combat terrorism comply with all their obligations under international law and should adopt such measures in accordance with international law, in particular international human rights, refugee and humanitarian law’

Universal legal regime against Terrorism From international legal instruments for specific acts of terrorism- From international legal instruments for specific acts of terrorism- ’extradite or prosecute’ ’extradite or prosecute’  Hijacking  Aviation sabotage  Violence at airports  Acts against safety maritime navigation  Acts against safety fixed platforms at sea  Acts against internationally protected persons  Unlawful taking and possession of nuclear material  Hostage taking  Terrorist bombings  Funding of terrorists  Nuclear terrorism

Regional developments Europe-European Union (EU), Council of Europe (C o E), Organisation for Security and Cooperation in Europe (OSCE), Eurojust Europe-European Union (EU), Council of Europe (C o E), Organisation for Security and Cooperation in Europe (OSCE), Eurojust Africa Africa Central Asia Central Asia MENA (Middle East aand North Africa) MENA (Middle East aand North Africa) South East Asia South East Asia Western Hemisphere Western Hemisphere

Challenges Criminal Justice response-v- military/security response Criminal Justice response-v- military/security response Intelligence cooperation- safeguards/oversight Intelligence cooperation- safeguards/oversight Proliferation of practices undermining human rights and rule of law; Proliferation of practices undermining human rights and rule of law;  Prolonged detention without charge  Ill treatment of detainees  Extraordinary rendition  Abuse of principle of refoulement

UK experience Anti Terrorism Crime and Security Act days detention without charge Anti Terrorism Crime and Security Act days detention without charge 2003 increased to 14 days 2003 increased to 14 days 2006 increased to 28 days (following London bombings) 2006 increased to 28 days (following London bombings) 2012 reduced to 14days (Independent Reviewer of Terrorism) 2012 reduced to 14days (Independent Reviewer of Terrorism) Control Orders Control Orders 2012-Terrorism Prevention and Investigation Measures (TPIMs) Terrorism Prevention and Investigation Measures (TPIMs).Terrorism Prevention and Investigation Measures (TPIMs)Terrorism Prevention and Investigation Measures (TPIMs)

Operation Vivace Prosecution of the attempted bombings in London on 21 st July 2005

Events on 21 st July Three explosions on London underground trains: Shepherds Bush – 1225hrsShepherds Bush – 1225hrs The Oval hrsThe Oval hrs Warren Street – 1240hrsWarren Street – 1240hrs One explosion on a double decker bus in Hackney – 1330hrs One explosion on a double decker bus in Hackney – 1330hrs 5 th unexploded device discovered on 23 rd July 2005 abandoned on waste ground in Wormwood Scrubs 5 th unexploded device discovered on 23 rd July 2005 abandoned on waste ground in Wormwood Scrubs Devices concealed in rucksacks Devices concealed in rucksacks Main charge of all devices failed to detonate. Main charge of all devices failed to detonate. No deaths or serious injuries No deaths or serious injuries

Suspects for 4 explosions- extensive manhunt- --stills from CCTV published internationally

Remains of one of devices recovered from Shepherds Bush tube

Bomb factory—58 Curtis House- home of Yassin Omar

Arrest of Muktah Said Ibrahim

Model of the device

Findings and sentences Ibrahim, Mohammed, Omar and Osman found guilty of conspiracy to murder. Ibrahim, Mohammed, Omar and Osman found guilty of conspiracy to murder. Ibrahim, Mohammed, Omar and Osman sentenced to life imprisonment – each to serve a minimum of 40 years Ibrahim, Mohammed, Omar and Osman sentenced to life imprisonment – each to serve a minimum of 40 years

Appeals against sentence Mohammed and Osman appeal against sentence Mohammed and Osman appeal against sentence Judges dismissed and said: “These were merciless and extreme crimes. As they were rightly meant to be, the sentences were severe and extreme. Beyond doubt, however, they were utterly justified.” Judges dismissed and said: “These were merciless and extreme crimes. As they were rightly meant to be, the sentences were severe and extreme. Beyond doubt, however, they were utterly justified.”

Terrorists brought to justice with due regard for human rights and rule of law Terrorists brought to justice with due regard for human rights and rule of law