44
Report of the Eminent Jurists Panel on terrorism, counter-terrorism and human rights
stigmatising whole groups, and even impeding the ability of the authorities to gather
crucial intelligence information and to secure cooperation.
An academic, credited with coining the phrase of “suspect communities” when
examining the experience of Irish communities living in Britain in the early years
of the IRA campaign, has written: “Good intelligence is essential to prevent acts
of political violence, yet the authorities still appear to lack an understanding of
the crucial role of good police community relations in this endeavour.” 69 Similar
lessons have been drawn in South Asia. At its Hearing in India, a former Director of
the National Police Academy, said: “…the success of counter-terrorist operations
lies in how much support, how much help, you can get from the public. If there is
alienation from the public, you are not going to get proper information from them.
[…] High handedness of security forces invariably has been found to alienate the
public and hamper counter-terrorist operations.” 70
When police or military forces act, or are perceived to be acting, in a discriminatory manner, they “add fuel to an already inflammatory situation” in the words of
one witness.71 The reality, or even the perception, of minority communities being
targeted makes it more difficult for moderate and alternative voices in the affected
communities to speak out and to be heard. A number of these issues were directly
raised with the Panel, especially in relation to India, Northern Ireland and Sri Lanka.72
In Sri Lanka, for example, it is widely believed that the use of the armed forces
and the enactment of the Prevention of Terrorism Act (PTA) and the Emergency
Regulations fuelled tension at a time when political dialogue would have been
arguably easier:
“Tougher laws and regulations were enacted to arrest and detain persons for
prolonged periods without committing to trial […]. These laws which ostensibly
meant to be for the eradication of violent forms of agitation in fact helped to
fuel the unrest and the existing dissatisfaction against the state. The number of
persons joining rebel groups vastly increased from the sections of the people
who suffered at the hands of the Sri Lankan Forces. A rag-tag group developed
into a formidable and most feared military outfit, holding substantial areas of
land under its control, and operating a parallel government not answerable to
69
See Paddy Hillyard, Suspect Community: People’s experiences of the Prevention of Terrorism Acts in Britain,
Pluto Press, in association with the National Council for Civil Liberties, December 1993; quote taken from
his written speech at the 2005 international conference held at London Metropolitan University entitled
“Suspect Communities: The Real ‘War on Terror’ in Europe.”
70
Evidence given at the EJP South Asia Hearing by Senkar Sen, Institute for Social Science, former Director of
the SVP National Police Academy, former Director General, National Human Rights Commission, India.
71
See EJP Belfast Hearing: oral testimony by Michael Finucane, solicitor, Executive Board Member of the Irish
Council for Civil Liberties; son of Patrick Finucane (human rights lawyer murdered in Belfast in 1989).
72
See also – Peru, Truth and Reconciliation Commission, op cit., General Conclusions, No. 59: “Worse still, the
strategy turned out to be counter-productive, as the indiscriminate repression in the rural areas postponed
the rupture between the Shining Path and the poorer sectors of the peasantry, and failed to stop the expansion of armed forces to other areas of the country.”
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