The fundamental purpose of this study is to investigate whether foreign terrorists are taking advantage of HRA to obtain and retain their shelters in the UK; moreover, this paper will also scrutinise whether the legal remedies, that is, the grounds for derogation under the Act are sufficient to provide a viable way out to this perceived crisis or not.
The findings of this paper reveal that a considerable number of terrorists have used the law to obtain and retain their shelters; in addition, the clauses of derogation were not sufficient to allow the state to solve the problem in order to conserve public security. In fact, the courts delivered some very authoritative judgements, firmly establishing the concept that deportations are not possible in defiance of the Articles of the Convention, and this in turn has encouraged more foreign offenders to seek asylum in the UK. The rising number of terrorists may cause a long-term impact on the society, and there are apprehensions that preserving the rights of the foreign terrorists would jeopardize the rights of innocent citizens.
Since the September 11 attacks, the UK governments always prioritised the struggle to push back terrorism by every possible manoeuvre. One foremost step to restrict terrorist activities was to ensure the outflow of terrorists living in the UK, and to resist the terrorists seeking refuge in the UK from obtaining shelter. Conversely, HRA 1998 incorporated the ECHR with the key aspiration of safeguarding the rights of every single human being within the UK‘s territory; however, in the subsequent period, the Home Secretary remained persistent in alleging that significant numbers of terrorists are circumventing deportations on human rights grounds, making the struggle against terrorism more difficult in post HRA platform.
Table of Contents
CHAPTER ONE: PROBLEM STATEMENT
1.1 INTRODUCTION
1.2 BACKGROUND OF THE PROBLEM
1.3 RATIONALE FOR THE RESEARCH
1.4 RESEARCH QUESTION AND OBJECTIVES
CHAPTER TWO: LITERATURE REVIEW
2.1 ECHR ADOPTION, TERRORISM, AND THE PROTECTION OF INNOCENTS
2.1.1 Need for Enhanced Counterterrorism Today
2.1.2 Intensifying Intimidation by Fanatics and HRA 1998
2.2 OBTAINING SHELTER SINCE ECHR ADOPTION
2.3 SHELTER RETENTION BY TERRORISTS
2.4 THE DEROGATIONS AND THE PERCEIVED PROBLEM
2.4.1 War and Emergency
2.4.2 Actual Scope of the Derogations
2.5 MORAL DILEMMA IN ENDORSING TERRORISTS‘ CIVIL LIBERTIES
CHAPTER THREE: RESEARCH METHODOLOGY
3.1 RESEARCH DESIGN
3.2 PRIMARY SOURCES
3.3 SECONDARY SOURCES
3.4 RESEARCH APPROACH
3.5 DATA ANALYSIS METHOD
3.6 ETHICS STATEMENT
3.7 LIMITATIONS OF THIS STUDY
CHAPTER FOUR: FINDINGS AND RESULTS
4.1 ARE FOREIGN TERRORISTS EXPLOITING HRA TO OBTAIN SHELTER?
4.2 ARE FOREIGN TERRORISTS EXPLOITING HRA TO RETAIN THE SHELTER?
4.3 TO WHAT EXTENT DOES THE LAW RESOLVE THE PROBLEM?
CHAPTER FIVE: DISCUSSION
5.1 A PLATFORM FOR TERRORISTS TO GET REFUGE
5.1.1 Latent Impact on Society
5.2 SYNTHESIZING SHELTER RETENTION MECHANISMS AND RECENT CASES
5.2.1 Political Viewpoints Regarding the Problem
5.3 SCOPE TO GRAFT A SOLUTION WITHIN THE PRESENT LEGAL FRAMEWORK
5.4 IRRECONCILABLE ASPECTS
CHAPTER SIX: RECOMMENDATIONS AND CONCLUSION
6.1 RECOMMENDATIONS
6.2 CONCLUSION
Research Objectives and Themes
This study investigates the perceived exploitation of the Human Rights Act (HRA) 1998 by foreign terrorists to obtain and retain refuge in the UK, evaluating whether existing legal remedies and derogation powers are sufficient to balance national security requirements with individual civil liberties.
- The intersection of human rights law and national security in the post-HRA 1998 era.
- The effectiveness of Article 3, 6, and 8 of the ECHR in preventing the stay of dangerous foreign nationals.
- The societal impact of foreign terrorist presence and the radicalization risks in local communities.
- The limitations of Article 15 derogations in addressing contemporary terrorist threats.
- The political and legal tensions surrounding the proposed reform or repeal of the HRA.
Excerpt from the Book
2.3 SHELTER RETENTION BY TERRORISTS
Mendick suggested that throughout the last ten years, twenty convicted fanatics and eight suspects avoided an expulsion from the UK following the outcome of some lawsuits, whilst the legal representatives, who are normally financed from legal aid budgets, have utilised HRA 1998 to thwart the eviction of those individuals. One such individual was Abu Qatada, who, according to Gardham, had announced numerous powerful ‘religious-rulings’ to slaughter atheists and had deep links to Al Qaeda; moreover, he had counselled Mohammed Atta, an instigator of the 9/11 atrocity, Rachid Ramda, the fundraiser of 1995 Paris hostility, and Djamel Beghal, the conspirator of the attempted attack on US embassy at Paris. Horne, Gower, and Dawson stated that the Home Secretary and SIAC frequently expressed this Jordanian radical religious cleric as an extremely harmful person for national security, while a Spanish judge noted him to be a top-collaborator of Osama; moreover, during his arrest, he had huge amounts of money with him, which also consisted of funds for the Chechen Jihadists.
According to Othman (Abu Qatada) v UK, after escaping from Jordan and moving to Pakistan, Qatada entered UK in 1993 by effectively applying for refuge on grounds of being confined and tortured at Jordan earlier; afterwards, he was arrested under ATCSA for terrorism-related activities, and then, he confronted control order under the PTA, and received deportation notice as well. Previously, Jordan had convicted him in absentia for participation in terror plots, and so he appealed arguing that eviction would result in torment, prolonged confinement, and unjust trial; nevertheless, the House of Lords noted that the agreement between Jordan and UK to safeguard the civil liberties would ensure fair trial in accordance with ECHR; subsequently, Qatada appealed at ECtHR.
Summary of Chapters
CHAPTER ONE: PROBLEM STATEMENT: This chapter introduces the challenge of deporting foreign-born terrorists under the HRA and defines the research question regarding the extent to which the law hampers national security.
CHAPTER TWO: LITERATURE REVIEW: This section explores the theoretical tension between human rights protections and the need for enhanced counter-terrorism measures in the post-9/11 era.
CHAPTER THREE: RESEARCH METHODOLOGY: This chapter outlines the research design, emphasizing the use of primary legal sources and secondary academic analyses to evaluate the research problem.
CHAPTER FOUR: FINDINGS AND RESULTS: This chapter presents empirical data regarding deportation appeals and asylum applications, highlighting trends since the enforcement of the HRA.
CHAPTER FIVE: DISCUSSION: This chapter analyzes the mechanisms of shelter retention by terrorists and the latent impact of these legal outcomes on British society and public policy.
CHAPTER SIX: RECOMMENDATIONS AND CONCLUSION: This chapter provides policy recommendations for reforming the ECHR protocols and concludes that the HRA currently lacks sufficient derogation flexibility to address modern terrorist threats.
Keywords
Human Rights Act 1998, ECHR, Terrorism, National Security, Deportation, Asylum, Article 3, Article 6, Article 8, Article 15, Non-refoulement, Radicalization, Foreign National Offenders, Counter-terrorism, Legal Remedies.
Frequently Asked Questions
What is the core focus of this research?
The research examines whether foreign terrorists are utilizing the Human Rights Act 1998 to prevent their deportation from the United Kingdom and whether the current legal framework sufficiently allows the state to prioritize national security.
What are the primary themes discussed?
Key themes include the balance between protecting civil liberties and maintaining public security, the interpretation of ECHR articles in terrorism-related deportation cases, and the political desire to reform human rights legislation.
What is the central research question?
The study asks if there is evidence that foreign terrorists exploit the HRA to obtain and retain shelter in the UK and to what extent the law currently resolves the problems associated with these individuals.
Which methodology is employed?
The research uses a descriptive and analytical legal research approach, primarily relying on an examination of case laws, statutes, judicial interpretations, and credible secondary literature.
What does the main body cover?
The main body details the historical background, the literature on human rights versus security, data-driven findings on asylum and deportation trends, and a discussion on the moral and political dilemmas involved.
Which keywords best describe the work?
The work is characterized by terms such as Human Rights Act 1998, Terrorism, National Security, Deportation, Asylum, and Non-refoulement.
How does the Othman (Abu Qatada) case impact the research conclusions?
The case is used as a landmark example of how interpretations of Article 6 can create a precedent that aids foreign extremists in retaining shelter, thereby challenging the state's deportation efforts.
What are the recommendations offered for the current legal framework?
The author recommends that rather than repealing the HRA, the UK should push for new protocols within the ECHR to clarify the definition of 'public emergency' to better accommodate national security justifications.
- Citation du texte
- Suchana Chowdhury Suchi (Auteur), 2015, An investigation of the struggle against terrorism in the post HRA 1998 era, the basis of concerns, and legal remedies, Munich, GRIN Verlag, https://www.grin.com/document/900019
