Terrorism provisions in Criminal Code Bill

The House of Representatives yesterday started debating a Bill which creates a specific chapter on terrorism within the Criminal Code.

Justice Minister Tonio Borg said this Bill was the fruit of an EU framework decision against terrorism taken in June 2002 as a reaction to the terrorist attacks of September 11, 2001.

Its purpose was for all EU member states to harmonise their laws on the basic elements of terrorism.

He said that to date Malta had had no definition of "terrorist act" in its laws.

Malta's laws had, however, already provided for several aspects included in the EU's framework decision, mostly following legislative amendments in 2002. However, a specific chapter on terrorism was now being created within the Criminal Code.

Dr Borg said this legislation had nothing to do with arguments raging in the UK on the arrest of suspected terrorists.

In legislating against terrorism, one always had to consider basic human rights, such as the right to a fair hearing and protection against arbitrary arrest. The bill now defined terrorism as being an act committed wilfully which may seriously damage a country or an international organisation when committed with the aim of:

¤ seriously intimidating a population;

¤ unduly compelling a government or international organisation to perform or abstain from performing an act;

¤ seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.

Terrorism within this framework could include taking away life or liberty, endangering the life of a person by bodily harm, bodily harm, causing extensive destruction to a state or government facility, a public transportation system, an infrastructure facility including an information system, a fixed platform located on the continental shelf, a public place or private property likely to endanger life or cause serious injury to the people or cause serious economic loss.

Terrorism also included seizure of aircraft, ships and other means of public or goods transport; manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of nuclear, biological or chemical weapons; research into or development of biological and chemical weapons; release of dangerous substances causing fires, floods or explosions endangering life; interfering with or disrupting the supply of water, power, or any other fundamental natural resource endangering the life of any person or threatening to commit any of those acts.

People found guilty of terrorism would be liable to prison terms ranging from five years (in the case of threatening terrorist acts) to life.

Dr Borg said it would also be a crime for anyone to form part of or associate himself with a terrorist group. Terrorism groups were being defined as being a structured group of more than two persons acting to commit terrorist offences.

Whoever promoted, constituted, organised, directed, financed or supplied information or material to a terrorist group knowing that such participation would contribute towards criminalactivities would be liable to imprisonment for up to 15 years.

Dr Borg said the Bill also defined terrorist property as being: money or other property which is likely to be used for the purposes of terrorism, including any resources of a terrorist group; proceeds of the commission of an act of terrorism; and proceeds from acts carried out for the purposes of terrorism.

Whoever used money or property for terrorism would be liable to imprisonment of up to 12 years. It would also be a crime to incite terrorism.

The Bill also included provisions against companies used for purposes of terrorism. Such companies could be fined up to Lm1 million and could lose all their permits or licences.

There were also provisions against those who laundered funds derived from terrorism.

Concluding, Dr Borg said the courts of Malta would have jurisdiction over offences committed in Malta as well as abroad where the offender was Maltese or resident in Malta; where the offence was committed for the benefit of a legal person established in Malta or when the offence was committed abroad against the institutions or the people of Malta, such as an embassy.