Need to harmonize
As the Human Security Act now stands, one way by which Section 39 may be harmonized with the requirement of the Constitution to uphold and respect the human rights and civil liberties of people is to read it in conjunction with the sections in Chapter VI, starting from Section 27 down to Section 38.
It seems to me that Section 27 Section 38 are the indispensable preconditions that make possible the implementation of Section 39.
Interpreted in that manner, there may be no need to resort to two other possible ways of dealing with Section 39: (1) Amend the Section and make it explicitly dependent on the compliance with the requirements of Sections 27 down to Section 38 or, (2) Repeal it totally.
Extraordinary Rendition
Theres a fifth item in the HSA that Id like to just mention for your information: The Act prohibits Extraordinary Rendition of terror suspects, accused or witnesses to other countries unless their human rights and right to counsel are first assured.
Extraordinary rendition as you know is a practice that has been resorted to by the US principally whereby a terror suspect, accused or witness is summarily arrested and deported to countries where the process of interrogation is not governed by the Geneva Convention or other applicable civilized rules. In other words, the person so renditioned may, then, be tortured or subjected to threats or intimidation to compel him or her to confess or reveal matters desired by the interrogators.
It is the intent of the HSA to ban extraordinary rendition in the country unless the human rights and civil liberties of the person concerned and his or her right to counsel are first guaranteed.
As we end this part of my discourse, let us remind ourselves of what the Romans of old used to say: Cave legem! Beware the law.
2007 Elections, Terrorism
