Launch of project to support senior judicial officials in leading a criminal justice response to terrorism

BMUSONI — Sun, 01 Feb 2015 19:11:00 +0000

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On 22-23 January 2015, a project on “Supporting Senior Judicial Officials in Leading a Criminal Justice Response to Terrorism in Europe, Middle East and North Africa” was launched during a round-table meeting hosted by the International Institute for Justice and the Rule of Law (IIJ) in Valletta, Malta. With expert support provided by the Counter-Terrorism Committee Executive Directorate (CTED), the project is implemented by the Global Center on Cooperative Security (Global Center) and the Institute for Security Studies (ISS), with funding by the European Commission. Its overall purpose is to allow Supreme Court justices to discuss substantive issues and current and projected judicial priorities and challenges in handling terrorism cases.

In his opening remarks, CTED Executive Director Jean-Paul Laborde stressed that judicial authorities played a critical role in interpreting counter-terrorism legislation and relevant international instruments. In doing so, they faced multiple challenges, especially as they were also required to protect human rights, including the rights of victims of terrorism and the rights of those accused of terrorism-related crimes (including their right to a fair trial). Supreme Courts’ Judges were responsible for ensuring the legality of national provisions transposing international norms, for assessing the compliance of domestic laws with international standards, and for interpreting standards already applied by international or regional courts. They were also well placed to accelerate and strengthen regional cooperation by engaging in strategic and operational discussions with their colleagues.

The Executive Director further underlined that the feedback gathered by CTED within the framework of assessment country visits indicated a need to develop a global, holistic and sustainable approach in supporting Member States’ efforts to bring terrorists to justice through effective adjudication at all levels. Establishing a global platform for the exchange of good practices by senior national judicial officials would be an important step in this direction. At the regional level, the project targeting jurisdictions in Europe, the Middle East and North Africa was a good starting platform, since it brought together the highest level of the judiciary of the States involved.

The participants reflected on the current state of terrorism-related case-law in their respective jurisdictions and discussed multiple challenges in reconciling the requirements applicable to national security cases and the respect for rule of law and fair trial principles. In particular, different views were exchanged with regards to advantages and disadvantages of special courts and/or specialized judges dealing with terrorism-related cases; judicial strategies in interpreting counter-terrorism legislation, including the definitions of terrorist offenses, with reference to international counter-terrorism instruments; challenges related to ensuring the respect for the rule of law and fair trial principles in terrorism cases, including the right to a meaningful appeal; importance of international judicial cooperation; logistical difficulties in adjudicating terrorism cases and strategies to overcome them; as well as to personal security of judges involved in terrorism cases.

By the second meeting planned for October 2015, select Supreme Court-level justices will have conducted national-level seminars and listening tours. They will explore procedural issues faced by trial and appellate-level judges handling terrorism-related crimes through seminars and meetings with judges, judicial academies, attorneys, civil society, and other criminal justice actors. Key observations based on the country context, successful strategies employed, and ongoing challenges will be shared during high-level roundtable meetings. In so doing, the project aims to lay the foundations for the development of a sustainable, non-political forum for Supreme Court-level and senior judicial officials of Europe, North Africa, and the Middle East.

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Security Council - Counter-Terrorism Committee (CTC) - malta

Launch of project to support senior judicial officials in leading a criminal justice response to terrorism

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