One of the primary concerns is the overly broad definition of terrorism since it is vague regarding the elements of intent and aim and can be seen to be at variance with the principle of legality. There are also a number of procedural safeguards that appear to have been compromised which can negatively impact on the right to a fair trial and due process. For example, the law currently allows suspects to be detained for up to 30 days without access to a lawyer and without judicial review. Further, the law gives considerable powers to law enforcement, security forces and the Public Prosecutor with regard to detention, search and arrest that effectively negate the right to privacy, freedom and movement and the presumption of innocence. Finally, the law designates military courts as having sole jurisdiction of terrorism cases which may lack judicial independence and deny a number of procedural guarantees.
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