site.btaGovernment Council on Security Discusses Counter-Terrorism Bill

Government Council on Security Discusses Counter-Terrorism Bill

Sofia, July 5 (BTA) - The Council on Security at the Council of Ministers Tuesday discussed and approved a Counter-Terrorism Bill, the Government Information Service said. The bill is expected to be laid before the Cabinet at its meeting on Wednesday.

The purpose of the draft legislation is to create an effective mechanism of inter-institutional interaction in applying the measures for the prevention of and response to potential terrorist threats.

"I expect the professional community to back the law because it regulates actions and relations in situations endangering Bulgarian citizens. Terrorism, which in recent years has emerged as one of the greatest threats on a global scale, can be countered only by well coordinated actions, and the setting up of a modern and integrated security system is crucial in this respect," Deputy Prime Minister and Interior Minister Roumyana Buchvarova commented. In her words, the bill, which she is sponsoring, is a step in this direction. It is intended to put in place the mechanism that will enable the specialized authorities, local government, foreign partners and the non-governmental sector to interact effectively and exchange information so as to prevent and counter this threat. "Preserving human life is paramount. A terrorist act denies a person a fundamental right: the right to life. The violation of the rights of certain people who plan such actions is incomparable to that," the Deputy PM commented.

The bill defines three levels of a threat of a terrorist act and four levels of readiness for counteraction of the competent authorities. The Council of Ministers is to provide overall guidance of counter-terrorism activities, adopt a counter-terrorism strategy and a national plan. The National Counter-Terrorism Centre will be stationed at the State Agency for National Security and will supply the competent bodies and structures with information needed to prevent and intercept threats of terrorism on a 24/7 basis. The draft act also regulates the participation of the Armed Forces in counter-terrorism and mitigating the effects of terrorist acts. The local authorities and entities are also assigned functions in this process.

A separate chapter deals with prevention, which covers risk analysis and assessment, cooperation and information exchange with the competent authorities of other States and organizations, drawing up counter-terrorism plans at various levels, etc. The owners and users of Category One to Three public-service buildings and facilities under the Spatial Development Act and schools and kindergartens will be required to elaborate and apply counter-terrorism measures. Preventive measures, consisting in the restriction of movements and withdrawal of documents, will be taken in respect of persons who can be reasonably presumed to be involved in the preparation of a terrorist act. The draft legislation details the procedure according to which the preventive measures are applied and provides for judicial review of these measures.

The bill lays down basic rules for the conduct of a counter-terrorist operation if there is information about a specific threat or if a terrorist act has been committed. In such cases, it will be admissible to restrict certain civil rights partially and temporarily. It is also admissible to declare a state of emergency by National Assembly resolution or presidential decree. The idea is to prioritize the saving of human life and health.

The draft act also envisages compensation of natural and legal persons for actually inflicted damage to property in the course of, or in connection with, the carrying out of regulated actions to prevent and intercept a threat of terrorism and to mitigate the effects of terrorism.

The underlying principles of the bill are: observing the Constitution, the laws and the international treaties to which Bulgaria is a party; respecting and guaranteeing human rights and fundamental freedoms; prioritizing the saving of human life over the rest of the activities; cooperation with citizens and their organizations; openness and transparency in carrying out counter-terrorism policies; centralized command and control of activities; timely information exchange on a need-to-know basis; coordinated conduct of counter-terrorism activities.