(아프리카) 케냐 대법원 국가보안법 일부조항 보류

출처: http://www.bbc.com/news/world-africa-30655139

2 January 2015 Last updated at 15:32

Kenya court suspends parts of security law 케냐 대법원 국가보안법 일부조항 보류

A copy of the bill was ripped up in parliament 새로운 국가보안법의 법안이 의회에서 난도질 당했다.

Kenya's High Court has suspended some sections of the controversial new security law, which was enacted two weeks ago amid fierce opposition. 케냐의 대법원은 논란이 많은 새 국가보안법의 일부 조항들을 유예시켰다. 격력한 반대 속에서 이 법안은 2주 전 발효되었다.

The court blocked eight clauses until a legal challenge mounted by the opposition and rights groups is heard.

MPs had exchanged blows while debating the law, which the opposition said would turn Kenya into a "police state".

The government says the measures are necessary following a wave of attacks by Somalia-based Islamist militants.

Some 500,000 Somali refugees live in Kenya and the government suspects some of them have links to al-Shabab militants.

There have been two major al-Shabab attacks in north-eastern Kenya recently

High Court Judge George Odunga said: "We cannot limit the freedoms and inalienable rights in the pretext of fighting terrorism, which must be done in the confines of the law," AP news agency reports.

The court suspended measures which could jail journalists who "undermine investigations or security operations relating to terrorism", and limit the number of refugees in the country.

The security law prescribes long jail terms for anyone convicted of terror-related offences, in particular anyone found with weapons inside a place of worship.

Owners of buildings or institutions, or persons in charge of public places who fail to prevent entry of weapons into such areas can also be liable to 30 years in jail.

Terror suspects can be detained for 24 hours before being presented to court. They can then be held for up to 30 days. Earlier reports had suggested suspects could be held up for up to a year.

Analysis: Emmanuel Igunza, BBC News, Nairobi

The High Court ruling is a big blow to the government, which has constantly insisted that the laws are not only good, but badly needed to counter the threat of al-Shabab.

It took less than two weeks for the amendments to be drafted and approved in a chaotic parliamentary session. This showed how urgently the government wanted the law.

The court ruling is a victory for the opposition but it is only the first step - the real test will be once the case proper begins later this month.

The judiciary will be making a ruling of huge significance to the country's constitution, which was passed only four years ago, amid huge fanfare.

It was hailed for guaranteeing human rights and liberties, which critics of the security law say will now be curtailed.

Opposition leader Raila Odinga and his supporters cheered in court as the judge handed down his ruling.

The government would appeal against the ruling, interior ministry spokesman Mwenda Njoka told the BBC's Focus on Africa programme.

He downplayed the significance of the ruling, noting that only eight clauses had been suspended, out of more than 100.

The suspended sections include: 보류된 국가보안법 조항

• Allowing security agents to intercept communications for purposes of "deterring, detecting and disrupting terrorism" "테러리즘을 억제하고 조사하고 방해할" 목적으로 정보요원으로 하여금 통신수단을 가로채도록(역자註; 해킹, 도감청 행위) 하는 것
• Allowing security agents to seize any equipment that can be used to commit a crime 정보요원으로 하여금 범죄를 저지르는데 사용될 수 있는 장비는 무엇이든지 빼앗도록 하는 것
• Banning the publication or broadcasting of "insulting, threatening, or inciting material", images of dead or injured people "likely to cause fear" and information that undermines security operations, including on social media. Punishable by a fine of $55,000, a three-year jail term or both "모욕하거나 위협하거나 선동하는 물건", "공포심을 불러일으킬 수 있는" 죽은 사람이나 부상당한 사람들의 이미지, 소셜 미디어 상을 포함한 안전작전을 음해하는 정보의 발행이나 방송을 금하는 것. 5,5000 달러의 벌금이나 3년 징역형 혹은 두 가지 다 받을 수 있음.
• Limiting number of refugees and asylum-seekers to 150,000 - those applying for refugee status are not allowed to leave camps 피난민의 숫자를 15만명으로 제한하기.