Assessing Damage, Urging Action justified these laws on the grounds of needing to prevent radicalisation. During the Hearing, repeated concerns were expressed about the broad definitions of terrorism and extremism, and the serious impact this was having on members of civil society, human rights organisations and the media (especially in relation to discussions of the conflict in Chechnya).335 In a particularly striking example, the Panel was informed of attempts to use the extremism law to close down the organisation “Mothers of Beslan”, an organisation of victims of terrorism, when they criticised the manner in which the government had conducted its operation to free hostages in the school in Beslan. In East Africa, the Panel was briefed on Uganda’s Anti-Terrorism Act (ATA) of 2002, which in Section 9 criminalises (under threat of the death penalty) the offence of establishing, running and supporting any institution which “promotes” terrorism and “publishing and disseminating news or materials that promote terrorism.” The legislation does not require that there be a risk of any imminent terrorist act, and the Panel heard at the East African Hearing of the chilling impact this can have on the media, leading to a form of self-censorship. A journalist and lawyer described the situation as follows: “We have heard reports of journalists being detained, or their materials and equipment being destroyed or confiscated by State agents. In their defence, government officials claim that by publishing such material on the war situation, the media is actually promoting terrorism or encouraging terrorists. Faced with such a scenario, journalists are caught in the catch 22 situation. Ultimately, the public is denied their right to information.” 336 In North Africa, the Panel was told that broad speech offences are part of Algeria’s counter-terrorism legislation, with laws that criminalise apology for, and/or encouragement of terrorist or subversive acts; and prohibit reproduction or dissemination of documents, publications or recordings which condone terrorist or subversive acts.337 The Moroccan parliament, one week after the Casablanca bombing in May 2003, adopted a new anti-terrorism law,338 introducing a range of ancillary terrorism offences, including apologia and incitement,339 without requiring either intent to incite or a concrete risk of violence. A particular concern was expressed that restrictions on the process of free expression in Morocco might undermine the important process of transition and reform which had previously been initiated. In Tunisia, incitement to hatred or racial or religious fanaticism is treated as a terrorist offence, down – see Law on Mass Media and NGOs. 335 See EJP Russian Federation Hearing regarding closure of the Russian-Chechen Friendship Society. 336 See oral testimony of Moses Sseruwanga, Editor, Monitor Newspaper, Uganda, EJP East Africa Hearing. 337 Article 87 bis 4 and bis 5 of Ordinance 95-11 of 25 February 1993 of Algeria. 338 Law 03-03 of 5 June 2003 of Morocco (anti-terrorism law). 339 Articles 218(2)and 218(5) respectively of the Criminal Code of Morocco. 131

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