The Draft Terrorism Convention does not specifically deal with the issue of search and
seizure powers but requires a State party to take the necessary measures under its domestic
law to conduct an investigation upon receiving information that an alleged offender may be
present in its territory.101 Such measures would certainly include the granting of search and
seizure powers to the appropriate authorities and involve the balancing of an individual's
property rights, privacy interests and individual liberty with the law enforcement
considerations involved in the detection and apprehension of terrorists.
While there may be justification for restricting the right to privacy in light of the threat to
national security posed by terrorism and a willingness by citizens to accept restrictions in
such circumstances, any information gathering powers must be clearly defined and be subject
to judicial oversight. They must also be necessary and proportional in order to respond to the
threat to national security.
(viii) The international human rights standards relevant to determining the penalties
that can be imposed for committing acts associated with ‘terrorism’
SUMMARY OF ANSWERS
•
Penalties can only be imposed after a fair trial in accordance with law and by a
competent, duly constituted and impartial tribunal.
•
The Conventions on Terrorism require, for the crimes covered by those conventions, the
imposition of appropriate penalties which take into account the grave nature of the
offences.
•
All penalties should be appropriate, reasonable and proportionate to the crime.
•
International law prohibits cruel, inhuman and degrading punishment. International law
does not specifically prohibit the death penalty. However, there is an evolving and
101
Article 10(1), Draft Terrorism Convention. See also Article 7(1) Terrorist Bombings Convention, Article 8,
Suppression of Terrorist Financing Convention.
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