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There is no “war on terror” on the streets of Britain, the country’s most
senior criminal prosecutor said yesterday.
Those responsible for atrocities like the July 7 bombings in London were not
“soldiers” in a war, but “deluded, narcissistic inadequates” who should be
dealt with by the criminal justice system, Sir Ken Macdonald, the Director
of Public Prosecutions, added.
He gave warning against allowing the threat of terrorism to trigger a
“fear-driven and inappropriate” security response which damaged Britain’s
traditions of freedom.
In what will be seen as a criticism of government measures such as control
orders for terror suspects, Sir Ken called for a “culture of legislative
restraint” in passing terror laws. Sir Ken’s comments to the Criminal Bar
Association put him at odds with Tony Blair and the Home Secretary, John
Reid, who have justified tighter security laws on the grounds of the threat
posed to Britain by a new kind of terror.
Instead of viewing the problem of terrorism as a “war” threatening the very
life of the nation, it should be dealt with as an issue of law enforcement,
added Sir Ken, who leads prosecutors in England and Wales as head of the
Crown Prosecution Service. One of the “primary purposes” of the violent
attacks carried out by supporters of international Islamist terror was to
tempt countries like Britain to “abandon our values”.
Sir Ken said: “London is not a battlefield. Those innocents who were murdered
on July 7, 2005 were not victims of war.
“And the men who killed them were not, as in their vanity they claimed on
their ludicrous videos, ‘soldiers’.
“They were deluded, narcissistic inadequates. They were criminals. They were
fantasists.
“We need to be very clear about this. On the streets of London, there is no
such thing as a war on terror. The fight against terrorism on the streets of
Britain is not a war. It is the prevention of crime, the enforcement of our
laws and the winning of justice for those damaged by their infringement.”
Sir Ken said that it should be an article of faith that crimes of terrorism
are dealt with by the criminal justice system. And he made clear his concern
over the threat to civil liberties from repressive legislation introduced in
response to a perceived terrorism emergency.
The criminal justice response to terrorism must be “proportionate and grounded
in due process and the rule of law”, he said. “We must protect ourselves
from these atrocious crimes without abandoning our traditions of freedom.”
Sir Ken said that “a culture of legislative restraint is central to the
existence of an efficient and human rights-compatible process”. And he
appeared to challenge the Government’s decision to invoke threats to “the
life of the nation” in order to opt out of parts of the European Convention
on Human Rights which bar detention without trial.
“Everyone here will come to their own conclusion about whether . . . the very
life of the nation is presently endangered.And everyone here will equally
understand the risk to our constitution if we decide that it is, when it is
not.”
“We wouldn’t get far in promoting a civilising culture of respect for rights
amongst and between citizens if we set about undermining fair trial in the
simple pursuit of greater numbers of inevitably less safe convictions,” he
said.
“Otherwise we sacrifice fundamental values critical to the maintenance of the
rule of law — upon which everything else depends.”
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