This article is more than 10 years old

This article is more than 10 years old

Coalition ministers are to be warned today that their current plans to overhaul counter-terrorism powers risk tacitly condoning torture and banning a wide range of political and religious groups.

The submission by the human rights campaigners Liberty to the government's review of counter-terrorism legislation reiterates the group's call for the existing anti-terrorist control order regime to be scrapped entirely.

Liberty argues that the "unsafe and unfair" regime against terror suspects should be replaced by the use of intercept evidence in criminal cases, more prosecutions and a greater focus on the appropriate use of surveillance powers.

The home secretary, Theresa May, told MPs when she launched the review in July that Liberty had accepted an invitation from her to contribute to what the organisation called a "once-in-a-generation opportunity for reform".

The former director of public prosecutions Lord Macdonald is overseeing the government review, which is due to report in the autumn. The home secretary said that review would focus on which powers could be scaled back in order to restore the balance between civil liberties and security.

The use of intercept evidence, the Whitehall project to track all email and mobile phone communications and the future of the anti-radicalisation campaign, Prevent, are being looked at separately.

Liberty's response, as expected, also calls for a reduction in the current 28-day limit on detention without charge for terror suspects, the use of section 44 stop-and-search powers only in exceptional circumstances, and a ban on local authority access to covert surveillance powers.

But as well as demanding the dismantling of elements of the "surveillance state" constructed under Labour, the group also criticises coalition policies to extend certain counter-terror powers put forward since the election.

Liberty warns that the proposal to ban non-violent groups which promote hatred would be a "step too far" and would be in danger of including innumerable organisations, potentially including political and religious bodies.

"It would be a grave step indeed to ban an organisation on the basis that its message was offensive rather than violent," says Liberty's submission.

The Conservative manifesto specifically mentioned Hizb ut-Tahrir as a likely target under such as ban. But there was no mention of this Islamist group in the coalition agreement that specified that any ban would be subject to the advice of the police and security and intelligence agencies.

The human rights group also criticises the coalition's proposal to revive Tony Blair's strategy of deporting foreign terror suspects to countries which agree to give verifiable guarantees that those deported will not be ill-treated.

Liberty says this strategy of "deportation with diplomatic assurances" effectively amounts to asking another state to make an exception to "its usual practice of ill-treatment and risks tacitly condoning torture".

Isabella Sankey, the policy director at Liberty, said: "The new home secretary took a welcome step in seeking Liberty's contribution to such a vital area of policy. Today we will respond in kind by inviting her to unite her government and country in replacing the 'war on terror' with the rule of law."