Терроризмге қарсы заңнама және халықаралық шаралар

Laws enacted against terrorism

Anti terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism related crimes, under alleged grounds of necessity. Because of this suspension of regular procedure, such legislation is sometimes criticized as a form of lois scélérates which may unjustly repress all kinds of popular protests. Critics often allege that anti terrorism legislation endangers democracy by creating a state of exception that allows authoritarian style of government.

Terrorism has been on the international agenda since 1934, when the League of Nations, predecessor of the United Nations, began the elaboration of a convention for the prevention and punishment of terrorism. Although the convention was eventually adopted in 1937, it never came into force. Today, there are 15 counter terrorism international conventions in force. They were developed under the auspices of the United Nations and its specialized agencies and the International Atomic Energy Agency (IAEA). Moreover, on 8 September 2006, the UN General Assembly adopted a "Global Counter Terrorism Strategy".

Organisation of American States Convention to Prevent and Punish Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion that are of International Significance (Washington, D. C. February 1971)
Inter American Convention Against Terrorism AG/RES. 1840 (XXXII O/02) (Bridgetown, June 2002)

Anna Maroufidou v. Sweden 1981
Brogan and others v. the UK 11209/84;11234/84;11266/84; [1988] ECHR 24 (29 November 1988)

France has passed a variety of anti terrorist laws, the first of which being the 19th century lois scélérates restricting freedom of expression. Today, magistrates in the Justice Ministry anti terrorism unit have authority to detain people suspected of "conspiracy in relation to terrorism" while evidence is gathered against them.

The Anti Terrorism Act, 2009 applied retrospectively from 11 June 2008.

Suppression of Terrorist Activities Ordinance, 1975 enacted by Zulfikar Ali Bhutto. The law remained in force in the Sindh Province and the Punjab Province until its repeal in 1997, The law, which included a broad definition of "terrorism", was enacted after a January 1997 bombing by Mehram Ali, a member of the Shia militant organization Tehrik Nifaz Fiqh i Jafaria (TNFJ).

China passed Anti terrorism Law on December 27, 2015. The Anti terrorism Law has 10 chapters and 97 articles, taking effect on January 1, 2016. Before the promulgation of Anti terrorism Law, though anti terrorism laws can be found in the Criminal Law or some other emergency action regulations, there was not a systematic legal structure or source for anti terrorism actions. The most controversial provisions of the Anti terrorism Law are the numerous new restrictions on the operation of internet and technology based companies, among which Article 21 says that an internet operator or provider is obligated to verify the identity of each user and shall refuse to provide services to a user who refuses such verification or fails to provide a clear identity. Any company who fails to meet such obligation may face fines, orders of rectification and its management and executives may face fines and even detentions from 5 to 15 days. In addition, Article 18 says any telecommunication operator or internet provider shall provide technology access and source code or other de encryption support and assistance for the purposes of preventing and investigating terrorism by Public Safety Department or National Security Department.

Human Rights Watch has criticized the Chilean government for inappropriately using anti terrorist legislation against Mapuche groups involved in land conflicts. While the legislation in question was originally enacted by the Pinochet dictatorship, the democratic governments that have followed have actually increased its severity. Human Rights Watch has expressed special concern that the current version of the law lists arson as a "terrorist" offence. This has allowed the application of the law against Mapuche vandals. While recognizing that crimes have certainly been committed, the international organization believes that they are not comparable to terrorist acts. In 2018, Amnesty International urged Chile to stop utilizing the Ley Antiterrorista (Chile) to prosecute Mapuche dissidents affirmed all people's right to a fair trial.

El Salvador, presided by Antonio Saca of the right wing ARENA party, had adopted in September 2006 an anti terrorist law. All major parties, including the FMLN, have criticized the law, claiming it could be used against social movements

The government first attempted to use the law against illegal street vendors who violently resisted removal by the police. These charges did not result in convictions. In July 2007, the Salvadoran government charged fourteen people with acts of terrorism for their participation and/or association with a demonstration against privatization of the nation's water system. Charges were dismissed against one of those arrested. The remainder, known as the Suchitito 13, were released, but continued to face charges under the Special Law Against Terrorist Acts. The charges were reduced to "disorderly conduct" in early February 2008 and then completely dropped later in the month.

Many years Israel has relied on mandatory regulations as a legal basis for fighting terrorism and for convicting terrorists both in civilian and military courts. In 2016, after a long and thorough work by the Minister of Justice Ayelet Shaked, the Knesset passed a comprehensive law against terrorism, forbidding any kind of terrorism and support of terrorism, and setting severe punishments for terrorists. The law also regulates legal efforts against terrorism.

Peru adopted anti terrorist laws in 1992, under Alberto Fujimori's presidency. The laws were criticized by Amnesty International, who declared in its 2002 report that "Detainees falsely charged with 'terrorism related' offences in previous years remained held. 'Anti terrorism' legislation which had resulted in unfair trials since its introduction in 1992 remained in force. Members of the security forces accused of human rights violations continued to have their cases transferred to military courts." Lori Berenson, a US citizen serving a 20 year prison term in Peru, has been condemned in virtue of these laws, on charges of collaboration with the Túpac Amaru Revolutionary Movement.

The Human Security Act of 2007, signed into law by President Gloria Macapagal Arroyo and effective since July 2007, officially aimed at tackling militants in the southern Philippines, including the Abu Sayyaf group, which has links to al Qaeda and has been blamed for bombings and kidnappings in the region. Under the law, three days of warrantless detention are authorized, as well as access to bank accounts for authorities.

Article 8 of the Anti Terror Law (Law 3713; April 1991), slightly amended in 1995 and later repealed, imposed three year prison sentences for "separatist propaganda." Despite its name, the Anti Terror Law punished many non violent offences. Pacifists have been imprisoned under Article 8. For example, publisher Fatih Tas was prosecuted in 2002 under Article 8 at Istanbul State Security Court for translating and publishing writings by Noam Chomsky, summarizing the history of the human rights of Kurdish people in Turkey; he was acquitted, however, in February 2002.

In 2017 Ukraine opened a case against Russia for involvement and financing of military occupied Autonomous Republic of Crimea and part of Donbas.

This act is effective from 11 June 2008. Under section 28 of this Act, anti terrorist special Tribunal is trying the crimes.