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Kenya: Courts Told to Protect Terror Suspects' Rights
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The Nation (Nairobi)
13 September 2007
Posted to the web 12 September 2007
Nairobi
Terror suspects should speedily face justice but courts must ensure they were not denied basic constitutional rights, a senior judge said yesterday.
Uganda's chief justice B.J. Odoki said the US and other countries had responded to terrorism by drafting laws that gave their military and police extra-judicial powers of dealing with suspects.
"The global perspective of terrorism shows that it is going to be with us for a very long time.
"Countries have enacted anti-terrorism laws which, unfortunately, have been used to lessen the right to liberty and fair hearing," Mr Justice Odoki said.
He referred to the Bush administration's creation of a special court to handle terrorism cases in the aftermath of the September 11 al Qaeda strikes.
Political expedience
"Subsequent to this action, the Bush administration uses renditions to get alleged terrorists from one country to the other. The US has also conscripted several countries in its fight against terrorism," the judge told magistrates and advocates attending the 15th Commonwealth Lawyers Conference in Nairobi yesterday.
He said courts should check excesses of the Executive in the war on terror "by applying understanding and caution."
He advised judicial officers to guard against the violation of basic human rights and liberties at the altar of political expedience.
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In a separate session, the chief justice of England and Wales, Lord Phillips of Worth Matravers, said judicial independence was the bedrock of the rule of law.
"The rule of law is the bedrock of a democratic society. It is the only basis upon which individuals, private corporations, public bodies and the Executive can order their lives and activities," Lord Phillips said.
He also noted that constitutions should protect judges against influence and inducements.
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