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Comparative Legal Research

Mapping the Legal and Policy Landscape for Upholding Criminal Procedural Rights in the Context of Counter-Terrorism

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The present report emphasises the essential need for upholding the established principles and standards of criminal justice in the context of counter-terrorism and counter-radicalisation. In particular, the report argues that observing criminal justice requirements in radicalisation- and terror-rated cases is a key prerequisite for developing effective and sustainable counter-terrorism and counterradicalisation trust-based strategies and approaches that enhance civil and national security. Part 2 of the report provides a thematic overview of the applicable international and EU, in order to examine how the concepts of terrorism and radicalisation are treated as legal subjects. Part 3 looks into the existing international, EU, and national legal instruments for protecting the criminal procedural rights of suspects and accused. Part 4 reviews ongoing international and national efforts that aim to safeguard criminal procedural rights in the context of counter-terrorism with a particular emphasis on the securitisation debate and its implications for the EU domestic and foreign policy. It has been developed within the initiative FAIRNESS: Implementation of the Stockholm’s Roadmap in Cases of Terrorism and Radicalisation.

Funded by the European Union’s Justice Programme (2014-2020)

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