AFFIRMATIVE

-DUE PROCESS

-INNOCENT UNTIL PROVEN GUILTY

-AS LIBERAL DEMOCRATIC GOVERNMENT WILL BE IGNORED IF NO FAIR TRIAL

-THREAT DOES NOT JUSTIFY DISCARDING FUNDAMENTAL VALUES AN DPRINCIPLE SOF LAW

-CHAS RIGHT TO THE SAME ONSTITUIONAL GUARANTEED TO OTHER ACCUSED

-approach to every crime must be identical

Guaranteeing due process rights, including for persons suspected of

terrorist activity, is critical for ensuring that anti-terrorism measures are
effective, respect the rule of law and demonstrate fairness.
ave a disproportionate and excessive negative impact on human rights. 

NEGATIVE

-POSE EXISTENTIAL THREAT TO THE STATE AN DITS INTEREST

-DISREGARD POTENTIAL THREAT?

-IMPORTANCE OF PROTECTING TH EPUBLIC FROM TERRORIST ATTCKS

-BECAUSE EOF SERIOUS NATURE OF THREAT, IT IS NECESSARY TO ACT ON INTELLIGENCE RATHER WAIT
FOR FURTHER INFORMATION, ADMISSIBLE AS EVIDENCE TO BE GATHERED

*NOTE AS WE DEBATE TO WHICH EXTENT MUST LIBERTY BE SACRIFICED TO HOMELAND SECURITY

-procedural cosntituional right must be sacrificed even at price to harm the innocent

Terrorism trials are often very complex, with considerable amounts of evidence to be considered
in respect of events that may have occurred a significant time before the trial takes place. The
charges at issue may encompass events alleged to have occurred as part of a wider
conspiracy, across borders or over a considerable time span. A variety of complex legal issues
may also arise during such a trial including the protection of witnesses, issues of disclosure and
the use of sensitive evidence, and whether evidence obtained in violation of human rights
guarantees should be excluded. Moreover, given the seriousness of charges commonly
associated with terrorism, for those involved in terrorism cases the stakes are high. Ensuring the
fairness of proceedings at all stages, through proper protection of human rights standards, is an
international law obligation also in terrorism cases.

Many of the same fundamental rights and principles, which are crucial for ensuring a fair
trial at the pre-trial stage, examined in the previous section, are equally applicable to the
overall fairness of the trial process itself. Therefore, except for the presumption of
innocence which is further discussed here, this section focuses on other guarantees not
yet considered which apply during trial proceedings and which have been the source of
particular concern during counter-terrorism proceedings: judicial independence and
impartiality, as well as procedural safeguards during the conduct of trial proceedings.
It should be noted from the outset that, despite their importance, not all of these
guarantees are absolute. There are permissible limitations on some of the rights: e.g., a
witness' identity may only be disclosed at the last minute to protect her from
intimidation, thereby limiting the defence's right to have adequate time and facilities for
examination of prosecution witnesses. Nor does the violation of a human rights
guarantee in one instance inevitably mean that a trial cannot be fair overall. It will be for
the court to decide whether any potential unfairness may be remedied and the fairness
of the trial as a whole protected.
For completeness, brief mention should be made here of the existence of other
important principles and factors which can influence the fairness of trial proceedings.
One is that a trial should be brought within a reasonable period following the accused
person's apprehension and/or remand into custody. This requirement can often be
problematic in terrorism related cases due to their inherently complex and often
transnational character, such as the conduct of multi-jurisdictional investigations and
related challenges associated with identifying and securing witness attendance during a
trial.
It is hard to see any place for human rights when human life is deliberately targeted, or
where it is seen as "collateral damage" in the course of mass bombing campaigns, which
either directly or indirectly lead to sickness, disease, suffering, destruction of homes, and
death. In times of war, particularly wars which last for years on end, every human right
appears to be affected adversely. Health systems break down, education suffers, and
home, work, supplies of food and water, the legal system, freedom of the press and free
speech, and accountability for abuses by the state – or by the "enemy" state – all see
restrictions, if they do not disappear completely. However poor protections were in
peacetime, the rights of children, women, minority groups and refugees will almost certainly
be poorer still in times of war.
War and terrorism are indeed a breakdown of humanity, acts which seem to undermine and
sideline the values at the heart of human rights – and the legal system which protects them.
However, even in the midst of such a breakdown, human rights continue to operate, albeit
in a weakened state, and although they cannot fix all evils, they can provide some minimal
protection and some hope for justice.