Research Paper on Terrorism in the UK and Europe Region and the World at Large

Introduction

Terrorism is a major problem experienced in the UK and Europe region and the world at large. The vice has been linked to nationalist and separatist movements while others have been associated with political extremism (including far-right and far-left extremism and anarchism) and religious extremism. Terrorism can simply be viewed as the application of force against innocent people for political purposes. Within the European communities, terrorism has often been linked to separatist movements that included the Irish Republican Army in the United Kingdom and the Euskadi Ta Asatasuna in Spain. Other perpetrators included the far-right and far-left extremism, anarchism and environmental extremism.The vice constitutes a real threat to democracy, enjoyment of human rights and the rule of law. Terrorism threatens human rights and democracy and undermines the rule of law that aims at destabilizing the legitimacy that is constituted by the government.

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Examples of terrorist activities include serious violence against a person in a manner that endangers their lives or establishes a vital negative impact on public health and safety or destroys property. However, for one to be convicted of terrorism offence, he/she does not have to physically commit an act that can be considered as a terrorist attack. Any activity that involves the collection of information, planning or aiding actions of terrorism are all regarded as criminal offences under the British legislation on terrorism.

Research Questions

• How prevalent is terrorism in the UK and Europe (recent terrorist occurrences, problems associated with terrorism)?
• How effective are the existing terrorism laws in the region?
• What roles are the Human Rights Organizations playing in their capacity and in line with the counter-terrorism measures?

Objectives of the Research

• To provide an analysis of the prevalence levels of terrorism in the UK and Europe.
• To analyse the existing terrorism laws established in the UK and Europe, their drawbacks and advancements over time.
• To highlight the roles played by the Human Rights Organizations (Council of Europe, the European Human Rights Commission, and Joint Human Rights Commission) in combating terrorism in the region.

Literature Review

The section provides a literature review of the prevalence levels of terrorism in the UK and Europe, the terrorism laws inforce and the roles played by the international bodies in controlling the vice.

Prevalence of terrorism in the UK and Europe

The threat from terrorism, both globally and specifically in the UK has been increasing over the years. The UK is facing a number of different and enduring terrorist threats. The increased threats are mainly associated with the rise of the Daesh and the establishment of its cult-like "Caliphate," in addition to the persistent threats from AL Qa'ida. The Daesh ability to direct, enable and inspire attacks still represents the most significant global and terrorist threat which includes the UK, the people, and their interests overseas. The methods used by the Daesh are already being applied by upcoming terrorist groups.

The recent attacks across Europe and the UK also highlight the diversity and accessibility of methods that individuals who are vulnerable to any existing radicalising messages can commit the attacks. As a result, there exists a profound effect on the threats to the UK that is viewed starkly via the attacks experienced in the region in 2017. In this case, the current level of the UK National Threat is SEVERE, which means that an attack is highly likely to take place.

2017 saw a significant shift in the terrorist threats to the UK, with five attacks in Manchester and London that led to the death of 36 innocent people while leaving many more injured. Since last year's Westminster attack, the security agencies and the police have successfully foiled over 12 Islamist plots and disrupted four extreme right-wing plots. The most future terrorist plots in the UK will likely employ simple methods that can be developed in an easy and fast manner. Terrorists still have an intention of mounting complex and potentially harmful and more destructive attacks, while probably targeting crowded places or the existing global aviation system.

Contemporary Terrorism Laws of the UK and Europe

There are various terrorism acts established by the UK and Europe with the aim of controlling the vice. These laws include the Terrorism Act 2000, the Anti-terrorism, Crime, and Security Act 2001, Prevention of Terrorism Act 2005, Terrorism Act 2006, Counter Terrorism Act 2008, Terrorist Asset Freezing Act 2010, Terrorism Prevention and Investigation Measures Act 2011, Protection of Freedoms Act 2012 and Counter Terrorism and Security Act 2015. These special laws against terrorism provide a constant feature of political and legal life within the United Kingdom. They establish a number of offences that relate to terrorism, including fundraising for the support and financing of terrorism activities, running of the terrorism training activities and encouraging terrorism.

Terrorism Act 2000

This code of practice sets out the basic principles for the use of powers by the police officers under sections 43 and 43A of the Terrorism Act 2000 and also authorizes the use of powers by the police officers under section 47A and Schedule 6B of the Terrorism Act. Section 43 (1) of the Terrorism Act 2000 provides a constable with the power to stop and search a person whom he/she may reasonably suspect to be a terrorist to discover if the person has anything in possession that may provide evidence of being a terrorist. The code concerns the: exercise of stop and search powers that is conferred by the section 43 and 43A of the Terrorism Act 2000 and the authorization and exercise of powers to stop and search in selected areas or places and at specified times that are contained in the section 47A and schedule 6B of the Terrorism Act 2000 (Code Of Practise-Stop and Search under the Terrorism Act 2000).

Data from the Home Office (2017) showed that there were 379 arrests for offences that related to terrorism for the year ending June 2017. This was an increase of 68% compared to the 226 arrests in the previous years. This recorded as the highest number of arrests since the onset of data collection process in 2001. The arrests included the 12 arrests that were made in connection to the Westminster Palace and Westminster Bridge (22 March 2017), 23 arrests in line with the terrorist attack in Manchester (22 May 2017), one arrest in connection to the Finsbury Park Mosque attack on 19th June, 2017 and 21 arrests in connection to the London Bridge attack on 3rd June 2017.

From the court proceedings, the year ending June 2017 recorded 71 completed trials by the Crown Prosecution Service Counter terrorism Division (CPS CTD) for terrorism-related offences, which was an increase of 15% from the initial 62 trials in the previous year. 71 people proceeded against, 62 led to conviction while the remaining 9 cases involved acquitting of the defiant. Out of the 71 terrorism-related trials, 57 were convicted out of 66 TACT offences while 5 were convicted out of the 5 non-TACT offences (Home Office, 2017). These increases in arrests show the effectiveness of the Act while the increases in conviction show the efficiencies brought about in the judicial systems. However, in the year ending June 2017: the Metropolitan Police Service (MPS) conducted 646 stop searches under section 43 of the Terrorism Act (TACT) 2000, which was an increase of 17% of the 552 stop searches conducted in the previous year; the number of resultant detentions fell by 20%, leading to a decrease in the resultant arrests to 8% (from 12% in the previous year); the number of examinations under Schedule 7 of TACT 2000 in Great Britain decreased by 26% to 17,501 exams.

The Anti-terrorism, Crime and Security Act 2001

This bill strengthens the legislation in various areas to ensure that the government, arising from the September 11 terrorist attacks on New York and Washington, contain the necessary powers to counter the increasing terrorism threats to the UK. The measures established in this case, aim at cutting off terrorist funding, ensuring that the government agencies collect and share information that is required to counter the terrorist threat, streamlining the relevant immigration procedures, ensuring security of the nuclear and aviation industries, enhancing the security of dangerous substances that may be targeted by terrorists and updating parts of the UK's anti-terrorist powers among others. The Act aimed at amending the Terrorism Act 2000 by providing further provisions with regards to terrorism and security; provisions on immigration and asylum; freezing of assets; extension of criminal law and powers to prevent crime an enforce the law; provisions on the control of pathogens and toxins; retention of communications data; and implementation of the Title VI of the Treaty on European Union.

The sections 24 to 31 of the Terrorism Act 2000 (c. 11) that address the seizure of terrorist cash were to cease for the new Act 2001 to take effect. In this case, an order provided under section 127 may be required to make any modifications of any code of practice while in operation under Schedule 14 of the Terrorism Act 2000 that would provide officers with an opportunity to exercise their powers, in a manner that may be deemed necessary by the Secretary of State (UK legislation, 2001). The clause of the Bill provides an amendment of section 12 of the 2000 Act to create a new offence that would help to express an opinion that would be supportive of a proscribed organization.

Prevention of Terrorism Act 2005

Article 1(1) of this Act empowers the Home Secretary to enforce a range of control orders against an individual if the Home Secretary has enough evidence to suspect the individual of being involved in terrorism-related activity. It prevents terrorism-related activities by use of two kinds of control orders. Derogating and non-derogating.The terms relate to the government's view of the compatibility of the orders with the right to liberty and security being set out in article 5 of the European Convention on Human Rights (ECHR).

To make derogating control orders, the police and the security services will put together the case for order and highlight the measures they think would be essential to prevent the individual under consideration from continuing to carry out terrorist-related activities. The Home Secretary can then, in conjunction with the prosecuting authorities, consider whether there exists a realistic prospect in the individual for terrorist offences. When making a non-derogating order, the Secretary of State applies to the High Court for permission to make a non-derogating order. The non-derogating order enables the Home Secretary to establish a range of conditions that would even include a ban on the internet or mobile phone usage, restrictions on travel and movement, restrictions on associations among others.

As a response to the terrorist attacks of September 11, 2001, the UK Parliament established the Anti-Terrorism, Crime and Security Act 2001 and the Human Rights Act 1998. However, in relation to immigration and asylum, the UK Secretary of State and the Home Department legal authority were able to verify and detain indefinitely some foreign terrorist suspects with no charge or access to legal counsel. With reference to sections 21 and 23 of the ATCSA, persons who are certified and detained could be able to leave the UK and go to any other country that is willing to receive them. These provisions applied to certain non-nationals that were certified by the Home Secretary as a risk to national security and were s...