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Judge orders electronic tag removed from terror sympathiser as breach of human rights

This is actually quite an interesting story, and I have to say I agree with the judges decision. I'm a counter-terrorism hardliner; I support the US programme of targeted assassinations, I am a strong supporter of providing the intelligence community with necessary powers. But I believe in this case the judge struck the right balance.;

http://www.theguardian.com/uk-news/2015/jun/19/judge-rules-terror-suspect-tpim-tag-removed-mental-health-concern

The high court has ordered the removal of a terror suspect’s monitoring tag because of a deterioration in his mental health and his delusional belief that the device contains a bomb.

Mr Justice Collins, sitting in London, ruled that requiring the 39-year-old to continue wearing the ankle tag slightly larger than a sports watch breached his human rights because his mental illness and delusional thoughts had got worse.

There was medical evidence that DD had psychotic and unusual beliefs that the tag was there to punish him, Collins said. He believed it contained a camera and a bomb and that noises and voices emanated from it.

Requiring him to continue wearing the tag was a breach of article three of the European convention on human rights, which prohibits inhuman and degrading treatment.

The judge said: “Since the appellant has the delusion that there is a bomb in his tag which will be detonated so that MI5 can kill him if a judge allows his appeal, great care should be taken with the removal of the tag. “It may be considered sensible not to inform him of my decision that the tag must go until on some pretext the tag has been removed.”


It is very important to keep in mind that the judge is not saying all tags breach the human rights of tpim subjects, but given this man's mental illness and delusions, it is subjecting him to cruel and degrading treatment to require him to wear it.

I also suspect that if he has become severely mentally ill, I question the degree to which he would be able to meaningfully take part in terrorist plots. The judge also ruled that the tpim itself was not a breach of his human rights, that it was necessary and proportional.

This is the difference between us and the terrorists; we are civilised, we adhere to the rule of law. We will stop anyone who is trying to come and terrorise us. If necessary, we will kill them. But we are not a cruel people; we do not take joy in doing what is necessary, and we are always mindful of the overriding requirements of due process of law.
If his mental health is that bad, he should be put away. Two birds, one stone :smile:
I disagree. If he promotes terror, then **** him, I don't care what cruelty comes his way. I'd kill him myself if I'd face no consequences.
Original post by SnoochToTheBooch
I disagree. If he promotes terror, then **** him, I don't care what cruelty comes his way. I'd kill him myself if I'd face no consequences.


How is that any better than ISIS?

Multiple doctors have assessed he is indeed mentally ill, and I understand he is not preaching at the moment because of his mental illness. He is out of the game, so to speak
(edited 8 years ago)
Original post by Skip_Snip
If his mental health is that bad, he should be put away. Two birds, one stone :smile:


It might be better to allow him to remain free. Besides, if he is not a risk to himself or a physical risk to others, we have no basis to section him.

And it might be to our advantage, intelligence-wise, to allow him to remain free. If he contacts his friends in the Islamist movement we will know about it
Original post by TheBlackWatch
How is that any better than ISIS?

Multiple doctors have assessed he is indeed mentally ill, and I understand he is not preaching at the moment because of his mental illness. He is out of the game, so to speak


It's better than ISIS because it's not killing innocent people and it'd actually have a sensible motivation. It's getting rid of filth that the entire world is better off without, before it ends in more innocent people having body parts blown off or whatever. I'd just dispose of them quickly and quietly like you would an out of control dog.

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