STRASBOURG, France – The European Court of Human Rights ruled last week that a provision of a United Kingdom anti-terrorism law violated an article of the European Convention on Human Rights (ECHR).

The Court ruled that sections 44-47 of the United Kingdom’s Terrorism Act 2000, which gave police the authority to ‘stop and search’ any person without ‘reasonable suspicion of wrongdoing,’ violated a section of the Convention that ensures privacy for the individual and the family.  Under those sections, the police have been able to require an individual to remove certain articles of clothing and all objects from their pockets, as long that the officer believed that person may have objects that could potentially be used in a terrorist act.  Failure to adhere to such a request requested possibly in a fine or possible imprisonment.  In striking down this authority, the Court noted that rather than providing an objective test for which the police could use to determine when the search authority, the power could be applied based on the “‘professional intuition’ of the police officer.”

The case decided by the ECHR was brought In 2003 by British citizens Kevin Gillian and Pennie Quinton, who were stopped and searched by London police while traveling to an arms demonstration protest.  Both Gillian and Quinton sought judicial review in the UK legal system, appealing their claim to the nation’s high court, the Law Lords, but their claims was eventually dismissed.  Following the Court’s decision, Quinton indicated that he was pleased with the court’s ruling.  “There has to be a balance between private life and security.”  He also noted that “the Court has shown that section 44 is an invasion of people’s right to liberty and privacy.  Hopefully the government will have to put a fairer law in place to protect us.”

Until the court ruling earlier this month, the use of the authority by police in the United Kingdom had become more common.  While approximately 33,177 people were stopped in 2004, the police had used the authority 117,200 times in 2008.  Prior to the ruling, the Metropolitan Police had already indicated that the use of the authority would be reduced as a result of its growing controversial nature.

The Court noted that “the absence of any obligation on the part of the officer to show a reasonable suspicion made it almost impossible to prove that the power had been improperly exercised.”  Additionally, there lacked any safeguards against abuse of the authority.

Home Secretary Alan Johnson has indicated that the government was disappointed with the Human Rights Court’s ruling.  “We are considering the judgment and will seek to appeal.”

For more information, please see:

IRISH TIMES – Strasbourg court rules against UK ‘stop and search’ powers – 25 January 2010

CNN – Britain to fight ruling on police searches – 13 January 2010

BBC – Stop-and-search powers ruled illegal by European court – 12 January 2010

THE GUARDIAN – Stop and search powers illegal, European court rules – 12 January 2010