REPORT
EUROPEAN CONVENTION ON HUMAN RIGHTS - WITHDRAWAL OF DEROGATION
1. Purpose of this report
This report recommends that a request should be made to the United Kingdom Government to request withdrawal of its derogation to the European Convention on Human Rights on behalf of Jersey.
2. Background
Changes to terrorism legislation
A derogation to the European Convention on Human Rights (ECHR) was previously necessary in respect of the Prevention of Terrorism (Jersey) Law 1996. That Law had enabled a person suspected of being involved in terrorism to be detained for questioning without the authority of a judicial officer, which was not compatible with Article 5 of the ECHR.
When the Terrorism (Jersey) Law 2002 came into force, on 1 September 2003, it replaced the provisions of the 1996 Law and requires the authority of the Bailiff for continued detention of suspects, which is ECHR compliant.
However, the derogation remained lodged with the Council of Europe and can only be formally withdrawn on behalf of Jersey if the UK government is requested to notify the depositary accordingly.
Changes to the Human Rights Law
This derogation had been set out in Schedule 2 of the draft Human Rights (Jersey) Law 2000, which had previously been adopted by the States on 8 February 2000, but was not brought into force until 10 December 2006.
When the States adopted the draft Terrorism (Jersey) Law 200-, on 25 June 2002, they agreed that Article 66 of that Law should repeal Schedule 2 of the Human Rights (Jersey) Law 2000 when it came into force. The States therefore de facto deleted the derogation which was to be set out in the Human Rights (Jersey) Law 2000 and thereby agreed in principle to withdrawal of the derogation.
- Proposal
The derogation on behalf of Jersey in respect of the Prevention of Terrorism (Jersey) Law 1996 still remains lodged with the Council of Europe, even though that Law has now been replaced by the new Terrorism (Jersey) Law 2002.
It is proposed that a Ministerial Decision should now be made and published which explains the reasons for withdrawal of the derogation and recommends a request is made to the UK government to notify the depositary of withdrawal of the derogation to the ECHR on behalf of Jersey.
4. Recommendation
The Chief Minister should be asked to request the UK government to notify the Council of Europe of withdrawal of its derogation to the European Convention on Human Rights on behalf of Jersey, in respect of the former Prevention of Terrorism (Jersey) Law 1996.
International Relations
18 May 2009
© States of Jersey Page of 2