Put anti-terrorism measures first before the court

Gepubliceerd op 28 april 2016 om 09:35

The judge must first check whether the government potential terrorists may impose an obligation to report or area or restraining order. Such restrictions to freedom deeply intervene in the lives of people around afterwards to assess. The bill where the government and the Lower House this evening to debate, should be adjusted.

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That says Jan-Peter Loof, lecturer in constitutional and administrative law at Leiden University and member of the Board for the Protection of Human Rights. Without verification restraints can lead to arbitrariness in advance and stigma and discrimination of people with a migration background, said the lawyer. He believes that politics in general have to be cautious with new terror law.

"The risk is that the government acts when there is not much going on. People who face such constraints, will get the impression that the normal demands placed on government actions do not apply to them. That's problematic." Especially because mainly young people with a migrant background with forbidden area and hailing will get Foliage predicts.

"This is not about white Dutch people, but people with foreign roots and Islam as a religion. If they see that get to make people around them or themselves with constraints, that will just disposition of the Dutch society work in hand. they will think: 'the Netherlands has to offer me anything, I'm going to oppose me "And such people can then come from radicals who preach violence in the grip.".

adverse effects
Foliage signals that the government in the field of counter-terrorism at an ever earlier stage deprives freedoms. Preparatory acts, such as attending a terrorist training, are already criminalized and suspects this may remain in custody for longer. Run the wire through criminal law, the government wants people to put 'a' of administrative measures.

Within that trend also fits the news this week that the trooper stretches its powers to catch criminals - basically a policing role. "Thinking in terms of security terms is very dominant It is very easy to dominate other perspectives You can see that in anti-terrorist legislation reflex after attacks is:... We have to do something, and visible too."

For the perverse effects of anti-terror laws is little attention, Foliage notes. "The question is whether politicians always choose the most effective measures. Rather than invent new laws, you could achieve more by extending the capabilities of the intelligence services and have good antennae in the neighborhoods, even though that softer and less visible. "

human rights
Politicians need to take to resist the pressure to act quickly and concretely after attacks Loof says. "They should dare to apply their authority as a politician and resist, even to political groups who believe that there should be possible for all in the context of security."

Politicians should remind them that human rights issues such as privacy should also be part of balancing.

To illustrate Foliage highlights the history of the bill that is on the table today. "After 9/11, there was a similar kind of proposal but remained. The government has withdrawn in 2011, arguing that the law was no longer needed. The criminal law was very much possible. Now, with the rise of Jihadism, the proposal will be dug up again it shows that the ministers about going (Ard van der Steur security and justice and Ronald Plasterk of internal Affairs, ed.), not the courage was present to say. new powers are not always the best answer. "

A small anti-terrorist laws two years ago presented the Cabinet are ' action programme integrated approach to jihadism '. Antiterreurwets seven proposals resulted from there on. The majority, Parliament must still treat; only with proposal 4 his second and first Chamber all agree.

It is all in all to the following measures:

1. combat Jihadist Web sites

2. Exit prohibition

3. Cessation of provision of benefits after exit

4. Decrease your Netherlands nationality after conviction for help with terror

5. Decrease your Netherlands nationality after joining terrorist group (without conviction)

6. Selective property allocation

7. Freedom-restricting measures such as hailing and contact prohibition

By: Editor / Nicole Besse Link Wedding / Photo: ANP

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