THE IMPACT OF APPLYING ANTTERRORISM LAW ON THE INVESTMENT AT NORTHEM SINAI REGION | ||||
| Journal of Environmental Science | ||||
| Article 17, Volume 38, Issue 2, June 2017, Page 433-466 PDF (600.11 K) | ||||
| Document Type: Original Article | ||||
| DOI: 10.21608/jes.2017.19808 | ||||
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| Authors | ||||
| Abd El-Rahman, K. H1; Rady, T. A2; Mahmoud, E. A3; Ismail, Kh. M. E4 | ||||
| 1Faculty of law, Ain Shams university | ||||
| 2Faculty of commerce, Ain Shams University | ||||
| 3National Center for Evaluation and Examinations | ||||
| 4Ministry Of Interior | ||||
| Abstract | ||||
| The importance of the matter is that the spread of the phenomenon of terrorism was confronted with an increase in fighting terrorism at the international laws level. These laws, which embarked on an anti-terrorism resulted in - for the most part of the cases - diminution of human rights guarantee, so that terrorist crimes are of a private nature and seriousness of the international community in general and the countries in particular require special treatment for this type of crime. So it became permissible for states to enter amendments to the various laws either objective or procedural ones to combat the criminal phenomenon. Not only was tougher punishment for this type of crime, but new crimes extend the umbrella of criminality emerged and identifies the inalienable rights the defendants in this type of crime. The aim of the present study was to investigate the role of terrorism laws governing judicial and criminal matters in the face of terrorism, the study of basic human rights and freedoms that are at risk under the Anti-Terrorism Act and violent extremism (such as freedom of expression - freedom of the media, etc. ..), the study of the mechanism of integration of human rights and anti-terrorism laws, the study of the impact of the mechanism of integration between human rights and anti-terrorism laws on investment and environment of North Sinai area. The study concluded a set of findings and recommendations, the most important, That the legislation differs in punitive treatment of terrorists, some of them applied the emergency law on terrorists, while other legislation laws supplied solid Penal Code applies (French law) or allocate a special law (English law and American law: the national anti-terrorism law). It expanded a lot of legislation from the scope of terrorist crimes so that is not limited to acts of violence, and has become the umbrella of terrorist crimes extends to some of the common law crimes such as theft, armed robbery, destruction of funds for the purpose of committing terrorist crimes. It has become a lot of legislation punishing stiff penalties and disproportionate what some of the expressing on an opinion in favor of certain trends or certain organizations considered to be of a terrorist idea, as well as distributing leaflets or written articles or interviews deemed a kind of propaganda in favor of those parties which are prohibited by the authorities’ state. Penalize some legislation on the membership of certain organizations, where it regards as terrorist crimes. Some legislation allows the freezing of some public and private entities that are state sponsors of terrorism funds. The United States has frozen the Iranian government funds under anti-terrorism laws, as well as some of the funds of individuals and organizations. The private counter-terrorism English law allows in Article seizure and confiscation of funds suspected of involvement in the owners terrorist financing or money laundering proceeds of their crimes. The law allows judicial officers the warrant of arrest without permission and without the availability of cases of flagrante delicto, and that if he has reasonable grounds to suspect a person of committing terrorist crimes or to participate in the preparatory work. Some of the legislation gives the executive branch the power to extend pre-charge detention for foreigners suspected of terrorism. The USA PATRIOT Act allowed the Attorney General to lock up the foreigner suspect before indictment for seven days. | ||||
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