DO COUNTER-TERRORISM LAWS IMPACT THE RIGHT TO FAIR HEARING UNDER ARTICLE 6 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS?

Abstract

Abstract This research will analyse the influence of counterterrorism laws, in the form of executive order and statute, on the right to a fair hearing. The thesis will be based on the hypothesis that the enactment of such laws in many Western countries, namely the United States (US) and the United Kingdom (UK), has led to a watering down of the effectiveness and implementation of the right to a fair trial, with administrative actions including procedures like deportation. This thesis will look at administrative actions that arise in the implementation of the law and will cover fair hearings within the criminal justice process. This research incorporated the use of doctrinal legal analysis; the findings of the study show that counterterrorism measures after 9/11 have greatly affected the right to fair hearing in the UK and the US. The approach in policy, legislation and practices has led to the flagrant denial of due process to terrorism suspects and has limited the application of Article 6 guarantees. A key focus will be on the right to access legal representation, the right to be supplied with information and details of the accusation, the right to public hearings under an impartial and independent judiciary, and the right to a reasonable and speedy trial; negative impact is seen in both administrative action and within the judicial system.