South and East Belfast Sinn Féin -- Building an Ireland of Equals

Calls for PSNI to suspend s44 stop and search use

Published: 15 February, 2010

South Belfast Sinn Féin MLA Alex Maskey, speaking after it was last week revealed that there were a total of 368 ssection 44 stop and searches in South Belfast between 1st October 2009 and 31st December 2009, has called for the PSNI suspend and review its use of Section 44 in light of the ruling from the European Court of Human Rights that it is illegal.

Alex Maskey MLA said,

"The European Court of Human Rights recently ruled that two people from London had their rights under Article 8 of the European Convention on Human Rights violated. This violation was a direct result of the two being stopped and questioned in 2003 under Section 44 of the British Government's "Terrorism" Act.

"The PSNI continue to use the same legislation, and confirmed at the last South Belfast DPP meeting that they intend to continue its use.

"The reality is that most of who stopped under this legislation are never arrested or charged. Between 1st October 2009 and 31st December 2009 368 section 44 searches too place in South Belfast. out of these only five have led to arrest or prosecution.

"Many will view this as an abuse of power and an example of political policing. The continued use of this legislation in order to carry out searches damages the credibility of police forces that use them as well as community relations. This is a view that is shared even with the British Government's own independent reviewer of this legislation.

"Already in England it is accepted that the use of section 44 powers has a negative impact on relations between the community and the Police. The Metropolitan police reviewed the practice of using Section 44 powers and announced their intention to cease their use.

"It has since been revealed that police in Hampshire, in England, are to follow suit and suspend the use of Section 44 powers after figures showed no arrests under Section 44 were made despite a huge increase in the numbers of stop and searches.

"The PSNI must now review its use of Section 44 in light of these facts and the ruling from the European Court of Human Rights that it is illegal. The continued use of this legislation, which allows police officers to stop people "without reasonable suspicion", is a flagrant abuse of human rights. " CRÍOCH