Procedural Protection of Personal Liberty in Terrorist Crimes in Pre-trial Stage (Comparative Study)

Abstract

In view of the gravity of terrorist acts, the legislator has intervened in most States to issue special procedures to deal with terrorist crimes. These measures have been characterized by severe violations of the personal liberty of those suspected of committing such crimes. To protect the individual liberties of the human being, and the result of the payment of terrorism by all means can not be recognized, whatever the result, infringing on rights and freedoms. Legal challenges to combating terrorism have become an important and decisive necessity in an era in which the values of the rule of law, democracy and human rights, which have become part of the world conscience, have prevailed. Hence, confronting crime has become an important aspect of the legal system. In preventing or punishing crime or in apprehending offenders, and between human rights requirements. We must emphasize that the weapon of terrorism must fight with the weapon of justice, that the corrupt idea must be combated by a valid idea, and that harm should not be dealt with by such harm. The law must be protected by law, because control is not by adding terror to terrorism, misery to misery, Is primarily concerned with the defense of the rule of law. Hence, the comprehensive confrontation of terrorism can not be immune to the rule of law and the principles of human rights. Therefore, a fair balance must be struck between the legitimacy of the security challenges and the fight against terrorism, on the one hand, and the protection of the basic rights of the human being, above all the right to personal liberty on the other.