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The Rules of the Game Terrorism, Community and Human Rights Andrew Blick, Tufyal Choudhury and Stuart Weir

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The Rules of the Game Terrorism, Community and Human Rights Andrew Blick, Tufyal Choudhury and Stuart Weir The Rules of the Game Terrorism, Community and Human Rights Andrew Blick, Tufyal Choudhury and Stuart Weir A REPORT BY DEMOCRATIC AUDIT, HUMAN RIGHTS CENTRE, UNIVERSITY OF ESSEX For the Joseph Rowntree Reform Trust The Rules of the Game Terrorism, Community and Human Rights £12.50 First published in Great Britain by The Joseph Rowntree Reform Trust, Garden House, Water End, York YO30 6WQ Telephone: 0044 (0)1904 625744 Email: [email protected] Website: www.jrrt.org.uk © Andrew Blick, Tufyal Choudhury and Stuart Weir Designed by Tony Garrett ISBN 0-9548902 – 2 – 1 Democratic Audit is a research organisation that carries out research into the quality of democracy and human rights in the UK and publishes secular and systematic ‘audits’ of British democracy. The Audit is attached to the Human Rights Centre, at the University of Essex, and maintains the same standards of objective and policy-relevant scholarship in the Centre’s tradition of the ‘public intellectual’. The Rules of the Game Terrorism, Community and Human Rights Andrew Blick, Tufyal Choudhury and Stuart Weir A Report by Democratic Audit, Human Rights Centre, University Of Essex for the Joseph Rowntree Reform Trust About the Authors DR ANDREW BLICK is research officer with Democratic Audit. He was previously political researcher to Graham Allen MP. He is author of People Who Live in the Dark: The History of the Special Adviser in British Politics and How to Go to War: A Manual for Democratic Leaders (he was described by the Guardian as a ‘mild-mannered Machiavelli for the 21st century’); a contributor to Unequal Britain: human rights as a route to social justice; and a key researcher on Not in Our Name: Democracy and Foreign Policy in the UK. TUFYAL CHOUDHURY is a lecturer in international human rights law at Durham University. His research interests focus on equality law and in particular on racial and religious discrimination. He is a director of the Discrimination Law Association, adviser to the discrimination law project for JUSTICE, the human rights organisation, and consultant on a variety of associated projects. He is author of the Open Society Institute report, Muslims in the UK: Policies for Engaged Citizens, and was a joint author of Democracy under Blair: A Democratic Audit of the United Kingdom. PROFESSOR STUART WEIR is director of Democratic Audit, at the Human Rights Centre, University of Essex, and is a senior research fellow at the Centre. He is joint author and editor of various democratic audits of the United Kingdom and other Democratic Audit publications. He was an active consultant to the intergovernmental body, International IDEA (the International Institute for Democracy and Electoral Assistance) from 1998 to 2004, and was a joint author of The International IDEA Handbook on Democracy Assessment (which he is currently engaged on revising with colleagues). He acts as a consultant on parliamentary democracy and human rights, mostly in Africa, is a former editor of the New Statesman, and founded Charter88, the domestic campaign for democratic renewal. 6 THE RULES OF THE GAME: TERRORISM, COMMUNITY AND HUMAN RIGHTS DEMOCRATIC AUDIT Contents About the authors 6 Acknowledgements 8 Foreword Lord Smith of Clifton 9 Executive Summary 11 Chapter 1 The Terrorist Threat 13 Chapter 2 The Muslim Communities 18 Chapter 3 The Experience of Young Muslims 27 Chapter 4 The Government’s Counter Terrorism Strategy 31 Chapter 5 The Effect on Human Rights 42 Chapter 6 Safeguards and Oversight 56 Chapter 7 Looking to the Future 65 Conclusions 65 Recommendations 67 JOSEPH ROWNTREE REFORM TRUST THE RULES OF THE GAME: TERRORISM, COMMUNITY AND HUMAN RIGHTS 7 Acknowledgements e have been very fortunate on the government’s Community Democratic Audit advisory panel who in having been able to draw Cohesion and Race Equality strategy; attended the earlier seminar: Professor Wupon a wide and diverse John Denham MP, chair, House of David Beetham, associate director of range of knowledge, expertise and Commons Home Affairs Committee; the Audit; Iain Byrne, Commonwealth ideas, in interviews and at two Khurshid Drabu, Muslim Council of Law Officer at Interights; Professor seminars and through comments Britain; Shareefa Fulat, Muslim Youth Paul Hunt, chair, Democratic Audit; on early drafts of Chapters. We owe Helpline; Tariq Ghaffur, Metropolitan Professor Lydia Morris of the Sociology particular debts of gratitude to Sir Police Assistant Commissioner; Department, University of Essex; Meg David Omand, former UK Security Murray Hunt; Sadiq Khan MP; Robert Russell, of the Constitution Unit, UCL; and Intelligence Coordinator and Lambert, Metropolitan Police Muslim Lord Smith of Clifton; and Professor Permanent Secretary, Cabinet Office; Contact Unit; Phillip Knightley, Jane Wright, then director of the Murray Hunt, legal adviser to the author and journalist; Ian Macdonald Human Rights Centre, University of parliamentary Joint Committee on QC; Arzu Merali; Sir David Omand; Essex. Human Rights; and Shamit Saggar, Professor Shamit Saggar; Massoud Our thanks go also to the trustees Professor of Political Science, Shadjareh, chair, Islamic Human of the Joseph Rowntree Reform Trust, University of Sussex, who gave us Rights Commission; Adnan Siddique, who entrusted us with this project, and interviews, commented on drafts and Caged Prisoners, Murad Qureshi, especially to Lord Smith and Diana acted as respondents at a seminar London Assembly member; Charles Scott, who met regularly with us to on the final draft of this report. Sir Shoebridge, security consultant; and guide our efforts; to Mark Ross and David and Arzu Merali, of the Islamic Abdal Ullah, Metropolitan Police his colleagues in the JRRT office in Human Rights Commission, another Authority. York, Tina Walker and Gael Bayliss; respondent at the final seminar, also Further thanks are due to all to Claire Preston, who carried out contributed to an earlier seminar those who sacrificed the afternoon valuable research on young people for the Democratic Audit’s advisory of 25 October 2006 to comment on in the Muslim communities for us; board along with Francesca Klug, the final draft of this report under to Kaushiki Ghose, moderator of our Professorial Research Fellow at the the chairmanship of Lord Smith focus groups and to ICM Research LSE Centre for the Study of Human of Clifton, a board member of the who organised them; and as ever to Rights and director of the LSE Human Joseph Rowntree Reform Trust: Tony Garrett, designer of this report. Rights Futures project, and Colm the aforementioned respondents, O’Cinneide, of the Faculty of Laws, Sir David Omand, Murray Hunt, UCL, who also commented on a draft Arzu Merali and Shamit Saggar, Chapter. with Lord Lloyd of Berwick, former We received valuable advice from Law Lord; Anthony Barnett, editor- Professor Peter Hennessy FBA, Attlee in-chief, OpenDemocracy; Robert Professor of Contemporary British Beckley, Assistant Chief Constable History, Queen Mary, University (Crime), Hertfordshire; Tony Bunyan, of London; and Dr Todd Landman, editor, Statewatch; Louise Christian, of the Department of Government, Christian Khan solicitors; Nick University of Essex, kindly shared Clegg MP, Liberal Democrat Shadow with us a comparative paper on Home Secretary; John Denham MP; counter terrorism legislation across the Dominic Grieve MP, Conservative democratic world. Shadow Attorney General; Christina We should like also to thank all Dykes, policy adviser to Dominic those who generously gave us their Grieve MP; Hiranthi Jayaweera, time to be interviewed: Azad Ali, of researcher, Migration Management, Muslim Safety Forum; Fahad Ansari, Compas, University of Oxford; Polly Islamic Human Rights Commission; Mackenzie, adviser to Nick Clegg MP; Mohammad Abdul Aziz, Commission Alveena Malik, Commission for Racial for Racial Equality; Robert Beckley, Equality; Peter Oborne, Channel 4 Association of Chief Police Officers; journalist; Henry Porter, journalist; and Lord Butler of Brockwell, former Claire Preston, voluntary researcher Cabinet Secretary and head of the on this report. Diana Scott, chair of the Home Civil Service; Lord Carlile of Joseph Rowntree Reform Trust, Mark Berriew QC, Independent Reviewer of Ross, project adviser to the JRRT and terrorism legislation; Philip Colligan, the three authors also participated in formerly Private Secretary to John the seminar. Gieve, Permanent Secretary at the We gained valuable insights Home Office, who worked there from the following members of the 8 THE RULES OF THE GAME: TERRORISM, COMMUNITY AND HUMAN RIGHTS DEMOCRATIC AUDIT Foreword he role of the state in relation context within which contemporary advantages but with potential counter- to the citizen is a perennial debate on the changing boundaries productive disadvantages. Tquestion that has to be attended between the state and the citizen, For all these reasons the Joseph to at regular intervals in the light between order and liberty, must be Rowntree Reform Trust decided of changing circumstances. It is resolved. to commission Democrat Audit to clear that the opening years of the There is one further factor to be undertake an analysis of the ‘perennial twenty-first century, which have considered and that is the Muslim problem’ as it presents itself today. been characterised by new forms communities, most notably in Britain In particular, it was asked to review of terrorism with both national and but also elsewhere. The new outbreak the new counter-terror measures international dimensions, have of terrorism has been caused by that have been adopted, to note the occasioned a renewal of the debate on Islamic jihadists both from abroad successes and failures and to estimate the subject. and, more recently, home grown. how far, if at all, they were counter- There is no denying that the over- This has had profound implications productive. Special attention was to be riding duty of the state is to protect for the maintenance of a peaceful given to the situation of the Muslim its citizens, but to do so in such a multicultural Britain. In pursuit of the community. The Rules of the Game way as not to encroach unduly upon terrorists new laws and tactics have reports the findings of Professor Stuart their basic rights and liberties.
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