The Five Demands

Non applicabile il divieto di ‘stop and search’ imposto dalla Corte Europea dei Diritti dell’Uomo

La PSNI, dopo la sentenza della Corte Europea dei Diritti dell’Uomo che ha dichiarato l’illegalità dei poteri attribuiti alla polizia dalla Section 44 del Terrorism Act 2000, ha dichiarato che continuerà a praticare i ‘stop and search’ poichè il provvedimento non è applicabile in Irlanda del Nord.
Una portavoce della PSNI ha affermato che l’Irlanda del Nord può contare su una normativa diversa da quella che interessati dalla sentenza europea.
“Gli agenti della PSNI non utilizzeranno più i poteri di ‘stop and search’ ai sensi della sezione 44 del Terrorism Act”, ha detto.
“Tuttavia essi possono ancora usare i poteri di fermo e di ricerca ai sensi della legislazione alternativa”.
Il portavoce parlando di legislazione alternativa ha citato questa come la Section 43 del Terrorism Act 2000 e il Justice and Security (NI) Act 2007.

PSNI ‘still has power to stop and search’ (NewsLetter)
The PSNI will continue using anti-terror stop-and-search powers across Northern Ireland despite new Home Office restrictions, it has been confirmed.
Despite reports yesterday that stop-and-search powers had been suspended after a ruling by the European Court, the PSNI said the situation in Northern Ireland was different.
A PSNI spokeswoman said this was because Northern Ireland could rely on different legislation other than that affected by the European ruling.
“PSNI officers will no longer use stop-and-search powers under Section 44 of the Terrorism Act,” she said.
“However they can still use stop-and-search powers under alternative legislation.”
The spokeswoman cited this as being Section 43 of the Terrorism Act 2000 and the Justice and Security (NI) Act 2007.
The Justice and Security Act is specific to Northern Ireland only, she added.
And she rejected any suggestion that guidance for the rest of the UK applied to Northern Ireland.
While the Home Office says reasonable suspicion of terrorism is now required to stop-and-search, this does not apply in Northern Ireland.
The Home Office had issued the guidance following a European court ruling that Section 44 of the Terrorism Act 2000 was illegal.
The PSNI is reported to have significantly increased its used of stop-and-search powers over the past year, arguing that it was essential to counter rising dissident threats.
Ulster Unionist Policing Board member Basil McCrea said the PSNI will need to adopt alternative strategies to work around the new ruling.
“PSNI officers will now have to rely on other legislation which allows them to search those they have a reasonable suspicion are involved in illegal activity,” he said.
“I do believe robust anti-terrorism measures are vital, especially in light of the severity of the current security situation.
“Therefore, I am quite convinced that the PSNI will come back with alternative strategies that will protect all of the citizens of Northern Ireland.”
North Antrim MP Ian Paisley Jnr said: “There appears to have been a collective hurrah raised about the removal of powers which should be decided upon by Parliament, not by a European Court.
“These stop-and-search powers have been successfully used 10,000 times last year in Northern Ireland in the fight against dissident republican terrorists.
“I will be awaiting the letter promised by the Home Secretary outlining the extra measures which can be taken by the PSNI.”