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Thursday, 20 November 2008

Yo-Yo Legislation and Blind Justice

We have a rare system of yo-yo legislation in Denmark. Mostly when it comes to the anti-terror laws. Nobody will disagree when speaking of terror on a civilized society: It is horrible. Unbelievable. Sad. But what's equally horrible, unbelievable, and sad is when a civilization that swaggers about its democratic values and the principle of working within the rule of law - commits an offence against those very values and principles. There have been a few cases brought to trial by now, and some of them have led to 'administrative' expulsion orders on the (non-Danish citizenship) people brought to trial, because the national security and intelligence service would or could not produce the evidence. Or reveal their methods. Because, well, that's a secret.

Then it turned out that the expulsed people could not be expulsed because of the Human Rights getting in the way: they would be at risk of persecution and torture in their countries of origin. These trials have been up and down - and up again to the Supreme Court - in the Danish yo-yo court system, because of lacking evidence. You see, having a fair trial is also part of the Human Rights. As it is with the current anti-terror law, a person can actually be tried and found guilty without ever having a chance to defend himself against the evidence. So we have a paradox on our hands: We can never find out if these people 'done it', because evidence and method of action are secrets. And also because they obviously haven't 'done it' yet, this is the whole point of the anti-terror law. At the same time we are uncertain about having them walking around on sufferance. But we can't kick them out.

The head of the Supreme Court originally dismissed two cases, and has now made a final ruling in one of the current cases for being unlawful detainment. And yesterday the Danish Minister of Justice, Brian Mikkelsen from The Conservatives (C), announced that he will take measures to revise the anti-terror laws. So that the trial system will demand more openness than currently. To ensure that people are not accused and found guilty without proper judicial testing. Now, according to the news, follow a string of other files, where detainees will object to their imprisonment on unlawful ground.

Some just might find it tempting to construe information or to frame people - simply because it is possible. Because it's free of charge and responsibility. And because they forget the simplest rule of living: Never do to others what you would not accept having done to yourself. So maybe I'm partial when it comes to rule of law and basic Human Rights. Even when it comes to anti-terror laws. Simply because miscarriage of justice is possible. And how is a person ever cleansed from such serious accusations? Justice may be blindfolded, but hopefully not totally blind.

In this 'civilized' world, here's my paradoxical question: wouldn't it be easier to work with the Human Rights and the civil rights to begin with?