European court condemns anti-terror searches

European court condemns anti-terror searches

STRASBOURG — The European Court of Human Rights on Tuesday condemned British anti-terror legislation allowing people to be searched by police without reasonable suspicion of wrongdoing.

A case brought by Kevin Gillan, 32, and Pennie Quinton, 38, challenged the searches under section 44 of Britain's Terrorism Act 2000.

In a unanimous ruling, seven judges said the searches could cause "humiliation and embarrassment" and breached the complainants' right to respect for their private life under Article 8 of the European Convention on Human Rights, the statement said.

Gillan and Quinton brought the case after being stopped and searched by police in September 2003 on their way to a demonstration close to an arms fair held in east London.

Gillan was riding a bicycle and carrying a rucksack when stopped. Quinton, a journalist, was ordered to stop filming in spite of the fact that she showed her press cards, the statement said.

The police powers that required "an individual to submit to a detailed search of their person, clothing and personal belongings amounted to a clear interference with the right to respect for private life," it said.

"The public nature of the search, with the discomfort of having personal information exposed to public view, might even in certain cases compound the seriousness of the interference because of an element of humiliation and embarrassment," it added.

The judges dismissed the argument that the searches were the same as those of travellers at airports.

"An air traveller... knows that he and his bags are liable to be searched before boarding the aeroplane and has a freedom of choice, since he can leave personal items behind and walk away without being subjected to a search.

"The search powers under section 44 are qualitatively different. The individual can be stopped anywhere and at any time, without notice and without any choice as to whether or not to submit to a search," the statement added.

Between 2004 and 2008 the number of searches recorded by the Ministry of Justice went from around 33,000 to over 117,000, it said.

The ruling followed a hearing held on May 12, 2009.