Seventy prominent European lawyers, magistrates and law professors have protested against a new "anti-terrorist" framework proposed by the European Council and prepared by the EU Commission on the grounds that it threatens freedom. Mr Patrick MacEntee and Ms Gareth Peirce, lawyers who successfully defended Irish people falsely accused of bombings in Britain, are among those who have signed the petition.
"Democratic rights must not become collateral damage in the war against terrorism", the petition states. The EU initiative it refers to would unify legislation on "terrorism" in member-states and is portrayed as a sign of European decisiveness in the wake of the September attacks.
The European Council wants member-states to agree a shared definition of "terrorism" and establish the same punishment for offences throughout the Union. Under present laws, the perpetrators of attacks such as those on September 11th would not go unpunished, the legal experts argue. "Legislation in EU states makes it possible to severely punish any sort of participation in this type of attack", they point out.
On the other hand, "the definition proposed by the Commission is so broad that it would make it possible to criminalise and call 'terrorist' any form of social struggle". The text would make the occupation of public places or companies a terrorist act and could turn industrial action by workers in the water, electricity and other natural resources sectors into terrorism. "Simply belonging to an organised group which calls for such action is also given the status of terrorist action", the petition warns.
