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MEP addresses Victims Conference on European Day for Victims of Terrorism

11 March 2008

Addressing the Victims Conference at La Mon Hotel, via a link from Strasbourg, Jim Allister MEP spoke of 11th March being

The European Day for Victims of Terrorism, launched after the Madrid bombing on this date in 2004.

Applauding the designation of a day to remember victims, the Traditional Unionist MEP also commented on the poignancy of the conference being held at La Mon, which epitomised the horrendous nature of terrorism.

In the course of his remarks Mr Allister said:-

"The first issue which properly arises in consideration of victims is the definition of "victim." The EU has a helpful view on that important matter. The EU Framework Decision on Combating Terrorism, adopted 15 March 2001, defined "victim" as anyone suffering harm caused by violations of the criminal law of a member state. That is a proper definition. It fits with the definition in The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by UN in 1985.

The important thing to notice is that neither the EU nor UN definition can include a perpetrator of crime. Yet, in Northern Ireland, a region which has more victims than most, the travesty is that equivalence has been granted to perpetrator and victim. This is because the Victims and Survivors Order of 2006 has this absurd definition that anyone affected by a "conflict-related incident" is classified as a victim.  Thus, at a stroke, the Shankill Bomber is equated with the victims of his dastardly attack on the fish shop. This is obscene and wrong. If we had government worthy of the name, it would be changed. Unless that insult is addressed, then victims for ever will be disadvantaged and diminished in NI."

Turning, then, to deal with the fight against terrorism in Europe, Mr Allister reminded his audience that Europe has the frightening potential to be an open playground for terrorists – because of its premise of free movement. "You can travel from Bucharest to Barcelona, from Sardinia to Sweden without border checks or passport control. The British Isles is the only exception, because we have remained outside the Schengen Agreement area. We are most assuredly right to do so, because it gives us some semblance of control over our borders," said the Ulster Euro MP.

Mr Allister went on to explain that particularly since Madrid bombings the EU had become much more exercised about terrorism, leading on 30/11/05 to publication of a Strategy on Counter Terrorism. He explained it is built on 4 pillars or themes: Prevent, Protect, Pursue and Respond. "Good sentiments, requiring matching action", remarked Mr Allister.

The MEP went on to explain that on 19/9/07 the EU appointed a Counter Terrorism Co-ordinator, Gilles de Kerchove, a Belgian lawyer and academic. Mr Allister commented that the value of this remains to be seen.

Mr Allister continued:-
"Among practical steps intended to counter terrorism within the EU is the European Arrest Warrant, which is meant to facilitate and simplify extradition. We in Northern Ireland have had the disappointing experience in the McAliskey case of the failure of the Warrant, something which both encourages those involved in terrorism and those ever ready to be their apologists. The delight of Sinn Fein at the failure of the EWA in the McAliskey case was hardly surprising to any but those who foolishly pretend they have genuinely signed up to supporting the rule of law.

Other measures underway within Europe include enhancement of the exchange of data & information on suspects and co-operation in criminal proceedings, including mutual recognition of convictions. Europol is expanding – originally restricted to organised crime, now anticipating additional powers. And, of course, the EU is seeking to develop a common asylum policy.

All this is being done under the aegis of Justice & Home Affairs, which pursuant to the Lisbon Treaty will become an EU competence. The UK has some opt outs, for very good reasons, but in time those will fade and diminish.

I must make the political point that to a significant extent this fight against terrorism is being used as a guise to widen and deepen the EU’s powers, remembering the more powers are bestowed on Brussels the less reside nationally. Thus the fight against terrorism is being deployed as a plausible pretext for a greater political agenda. This is something we must remain alert to.

I now come to the juxtaposition between human rights and terrorism.
The most basic right of all is the right to life. Sadly, sometimes it seems eclipsed by orchestrated demands by terrorists and their sympathisers themselves to exercise their human rights.

As we know in NI terrorists are past masters at using the law and rights to their own advantage, demanding for themselves that society honours their every last right, while still themselves practising the denial of the right to life to others.

As I recently told the European Parliament, there are occasions when society has to choose between defending itself and indulging the human rights of the terrorist.

Whereas State abuse is not right, a naïve belief  – that lavishing so called ‘human rights’ on terrorists shall neutralise them, will, in fact only strengthen their cause, as they expertly exploit and misuse every such right to their own advantage, while they go on denying to their victims the most basic human right of them all, the right to life.

Because of the excesses of their murderous strategy, sometimes the defence of society requires a choice between uninhibited rights for the terrorist and the rights of the innocent. In such circumstances, I have no difficulty in choosing the right of society to defend itself over the supposed human rights of the terrorist. The battle against terrorism is a battle of good against evil and, if needs be, the rights of the terrorist is secondary to that of society.

Another point which bears repetition is that terrorism can never be successfully appeased. Start treating with terrorism, giving its prisoners ‘special status’, and ultimately early release, and soon you end up, like in Northern Ireland, with unrepentant terrorists at the heart of government. Appeasement only whets the insatiable appetite of terrorists.

Finally, I'm pleased to say that in my 4 years in Europe I’ve seen a heightened awareness of victims issues. I welcome the fact the EU introduced a funding package specifically to assist programmes such as your conference is organised under today."

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