Presentation of Adv KP Muhammed Shareef, Vice-Chairperson of the NCHRO, during the International Seminar at the Government Law College in Kozhikode.
The Government Law College, Kozhikode organized a three day International Seminar on “International Legal Norms on Terrorism & Counter-Terrorism: Promises, Experiences and Challenges” from 27th to 29th January, 2019, at the college premises.
This seminar aimed at promoting comparative global research, law reform and policy initiatives to combat terrorism and to bring together researchers, practitioners, and policymakers to discuss problems, disseminate learning, and share knowledge of existing policy, research, and international lessons in the area.
The Keynote Speaker was Ms. Shannon Maree Torrens, International and Human Rights Lawyer, who has worked in international criminal law at the international criminal tribunals and courts focusing on genocide, crimes against humanity and war crimes. She has worked as a legal and political advisor for the Marshall Islands in connection with the United Nations and the International Criminal Court. Shannon has lectured, published and presented papers in the areas of international criminal law, human rights, climate change and law of the sea internationally. She is currently a PhD Candidate at the University of Sydney Law School.
Themes invited for Presentation:
Concept and Understanding of International Terrorism
Origin, Causes and Problems of Identification
Forms of Terrorism
Impacts of Terrorism
Containing Terrorism: The Legal mechanism
Trial, punishment of offenders & rehabilitation rights of victims.
Combatting terrorism – India’s experience
The way forward: An unravelment of solutions to terrorism
NEWS – THE HINDU KOZHIKODE, JANUARY 29, 2019 23:14 IST
Ex-chief of RAW suggests balancing of civil liberties, responsibility of state
Hormis Tharakan, former chief of the Research and Analysis Wing (RAW), has called for a proper balancing of civil liberties, individual human rights and responsibility of the state. Hormis Tharakan says scientific investigation will help combat terror better than torture.
Delivering the keynote address at a seminar on international legal norms on “Terrorism and counter-terrorism: promises, experiences and challenges” organised by the Kozhikode Government Law College here on Tuesday, he said that the government must ensure at least three measures to protect its people. One of them was justifying all restrictions publicly. Another was submitting them to judicial review, and finally, providing sunset clauses so that temporary does not become permanent.
He also suggested that the general public think whether a special anti-terror law was a sine qua non in dealing with terrorism. “Can we curtail human rights violations by making such changes in the law that would provide officers fighting terrorism with adequate legal backing for their bona fide actions and make their task a little easier?” Mr. Tharakan asked. However, he maintained quoting Lord Denning that the freedom of an individual must take second place to the security of the state. “It is a debate that will never end, but is of great significance,” he said.
Mr. Tharakan said that the on-going process of balancing human rights and coercive powers of the state in preventing and investigating acts of terrorism provided a fascinating study. Different countries such as the U.S. , U.K., France and India deal with terrorism through various means, including legislation.
The Patriot Act of the U.S. (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) of 2001 in response to the September 11 attacks was the most comprehensive anti-terrorism law anywhere in the world. Despite the criticism of curtailment of civil liberties, the Act has, by and large, helped U.S. authorities prevent another attack on their homeland, he said.
On countering terrorism, Mr. Tharakan said that the best way to get information from even a recalcitrant subject was to apply the subtle arts of investigations rather than instruments of torture. P. Vinod Bhattathiripad, International Cyber Forensic Expert, who presented a topic on terrorism and cyber forensics, said that cyber forensics was an effective alternative to traditional mode of torturous interrogation. At times, when there were no human witnesses, the only way out was investigation based on science and mathematics.
Stating that the quality of evidence had prime importance in the court of law, Dr. Bhattathiripad said that digital evidence could be proved under the context of Indian criminal laws.
Hormis Thairakan, former chief of The Research and Analysis Wing, speaking at an international seminar at the Government Law College in Kozhikode on Tuesday. C. Naseema, Professor of Education and Director, Department of Lifelong Learning and Extension, University of Calicut, is at right.
The full version of the presentation of Adv KP Muhammed Shareef, Vice-Chairperson of the NCHRO is available as below:-
Abstract of Paper Presented by Adv SHARAFUDHEEN MK (NCHRO -National Exco Member, Member: Indian Society of Criminology and South Asian society of Criminology and Victimology).
Paper Theme : Combating Terror: Indian Experience A Criminological way forward
There is no universal agreement as to whether or not terrorism. In fact terror is universal phenomena. This is happens every nook and corner in different style. Here in this paper I have much concentrated the solution part for the so called ‘Terror and Terrorism in Indian understanding. The Republic of India is a country located in South Asia. It is the seventh largest country by area and width. According to the 2017 status total population has crossed 1.3 billion. Very interestingly our country population has more than 50% of its population below the age of 25 also more than 65% below the age of 35. It is expected that, by 2020, the average age of an Indian will be 29 years, compared to 37 for China and 48 for Japan.This young human resource should be in a right direction to attain this great objective of peace and stability.
The recent development of threat against the nation was communal hate crime instance, which has a mob turned violent model called mob lynching also the end grave abuses of human rights, due to caste prejudices and religious intolerance, extra judicial killings, forced disappearances, custody death syndrome, Anti Terror laws like UAPA also has much debated on the base of judicial approach on counter terror laws. The National Crime Records Bureau (NCRB) released its latest data wherein Delhi and Uttar Pradesh clinched the infamous distinction of recording the maximum number of murders and rape cases, respectively. At 182.1, the national capital recorded the highest crime rate as compared to the national average of 77.2. While UP reported 4,889 murder cases, the national capital reported nearly 40 per cent of rape cases registered among 19 major cities. Delhi reported 33 per cent (13,803 cases out of total 41,761 cases in 19 cities) of total crimes against women, followed by Mumbai at 12.3 per cent (5,128 cases) last year among the 19 cities with a population of above two million. Criminologists are often involved in academic guidance through conducting training workshops and seminars to help out those who work in the judicial system.
Crime control and prevention of crime could not be a sole responsibility of the police, the prosecution, the courts and the correctional institutions but also require coordinated efforts of all the sections of the society. In most parts of the western world, criminologists form an essential part of almost every department especially dealing with offence and crime – police authorities, prisons, juvenile homes and judicial bodies. Research and policy making institutions. Here I would like to suggest the role of activist criminology in the present establishment.
More over this particular discipline have a space on both practical and theoretical model. It contains enlarged activities towards to attain the objective results to maintain the sustainability and peace. Why we use the term sustainability can be say that the area of study purely follows in the social and natural aspects of its progress and solidness. That was the reason to coin a term Green criminology. In terms of socio economic developments this are the medicine towards the attainment of basic fundamental rights.
As a member of Indian Society of criminology, this is my great opportunity to share my ideas on this International seminar on International legal norms on terrorism and counter terrorism. Also I kindly obliged to present a model proposal to the government of India, which can be able to experiment.
The victim oriented perspectives understand that criminology and its theoretical as well as scientific study focused to alleviate crime and protect the victims. Here criminologists have a matter of fact to make confidence building mechanism to the victims at large. Young Criminologists have a potential role to preserve the jurisprudence of justice, mitigate circumstances in conflict regions in the world and in India at large from using excessive power, citizen as well as state.