Security for the trial of the Madrid train bombersHow do you define a "public provocation to commit terrorist offences"? That was one of the key questions under the spotlight when MEPs and MPs discussed proposals to update anti-terrorism laws across the EU. Some MEPs were concerned about civil liberties aspects, while others called for a strong and robust defence of democracy and the right to freedom of speech.
The Commission wants to revise the existing counter-terrorist policy of the EU to provide a common legal framework and a common definition of terrorist offences. The Commission says the change is needed due to the "multiple and changing faces of terrorism".
The round table brought together MEPs, MPs from national parliaments and the Council of Europe. Also present was the Director of Europol, Max-Peter Ratzel, the Slovenian Vice President Bogdan Barovič (for the Slovenian Presidency of the EU) and EU's anti-terrorist coordinator Gilles de Kerchove.
Public provocation - how can we define it?
The most contentious issue was the definition of "public provocation". The Commission proposes adding three new crimes aimed at covering "traditional" and modern terrorist methods - recruiting terrorists, training for acts of terrorism and "public provocation" to commit terrorist offences.
French Socialist Roselyne Lefrançois is Parliament's rapporteur for the issue. She told the hearing that the term public provocation "needs definition" and underlined the civil liberties implications by asking "where does freedom of expression stop?" She added "we need a clear formulation, a safeguard clause and provisions guaranteeing respect for fundamental rights."
Spanish MEP Luis de Grandes Pascual (EPP-ED), who is drafting a report for the legal affairs committee on this dossier, said "I am worried that the debate is oriented towards an artificial dichotomy between fighting terrorism and freedom of expression". He went on to say that "democracy is a "public opinion regime", but the defence of democracy calls for a particular strength - in order not for us to fall into weakness.
For British Liberal Sarah Ludford the civil liberties aspects raise worrying questions about whether anti-terror legislation can be used against legitimate protesters. She cited news reports in the UK, which said that London police had threatened protestors with arrest under anti-terror laws during the protests over Tibet which greeted the Olympic flame in London. She was worried that the criminalising acts of so-called provocation could easily criminalise free speech.
How great is the threat to Europe from terrorists?
Mr Ratzel said that in 2007 there were 583 failed, foiled or executed terrorist attacks. A majority were carried out by separatist terrorist groups in Spain and France. Last year there were 4 failed "Islamist" attacks, he said. Last year in Europe, 1,044 people were arrested in connection with terrorism, he reported.
Anti-terrorist coordinator Gilles de Kerchove said there is "a real threat on our borders" and "EU nationals are at risk" both inside the Union and when travelling outside it. He cited attacks on Europeans who were travelling in Yemen. In global terms he said that "Al-Qaeda will remain an international threat for years to come".
He also raised civil liberties issues, asking rhetorically "how far do we want to go" regarding the sharing of passenger name recognition, European police cooperation and the extent to which national databases are shared. He said that parliaments and societies have to make such choices. "We need an intense democratic debate to strike the balance between security and liberty." He also called for greater use of existing EU cooperation mechanisms like Europol and Eurojust.
Turning to the internet - which the Commission has called a "virtual training camp" Mr de Kerchove said that at present "around 5000 websites are helping to radicalise our young people in Europe". Ms Lefrançois said "the internet offers (terrorism) a global stage".
Source: European Parliament
