Tuesday, August 20, 2013

legal stop, frisk, and confiscate - international - worldwide...,


guardian | Schedule 7 of the Terrorism Act has been widely criticised for giving police broad powers under the guise of anti-terror legislation to stop and search individuals without prior authorisation or reasonable suspicion – setting it apart from other police powers.

Those stopped have no automatic right to legal advice and it is a criminal offence to refuse to co-operate with questioning under schedule 7, which critics say is a curtailment of the right to silence.

Last month the UK government said it would reduce the maximum period of detention to six hours and promised a review of the operation on schedule 7 amid concerns it unfairly targets minority groups and gives individuals fewer legal protections than they would have if detained at a police station.

The government of Brazil issued a statement in which it expressed its "grave concern" over the detention of one of its citizens and the use of anti-terror legislation. It said: "This measure is without justification since it involves an individual against whom there are no charges that can legitimate the use of that legislation. The Brazilian government expects that incidents such as the one that happened to the Brazilian citizen today are not repeated."

Widney Brown, Amnesty International's senior director of international law and policy, said: "It is utterly improbable that David Michael Miranda, a Brazilian national transiting through London, was detained at random, given the role his partner has played in revealing the truth about the unlawful nature of NSA surveillance.

"David's detention was unlawful and inexcusable. He was detained under a law that violates any principle of fairness and his detention shows how the law can be abused for petty, vindictive reasons.
"There is simply no basis for believing that David Michael Miranda presents any threat whatsoever to the UK government. The only possible intent behind this detention was to harass him and his partner, Guardian journalist Glenn Greenwald, for his role in analysing the data released by Edward Snowden."