Law and Rights
In a speech prepared before the recent comments made by Ministers about pulling out of the European Court of Human Rights, the President of the Supreme Court (Lord Neuberger) issued a timely reminder that the United Kingdom is bound by other internationally binding conventions apart from the European Convention on Human Rights - The Guardian 5th March - Senior judge warns over deportation of terror suspects to torture states
'Britain will have to withdraw from the United Nations as well as the European court of human rights if it wants to deport terrorist suspects to states that carry out torture, the country's most senior judge has warned.'
Lord Neuberger was referring to the Universal Declaration of Human Rights of 1948 - Full text. Article 5 is clear:
The Declaration adds flesh to the words "fundamental freedoms" and "human rights" appearing in the United Nations Charter. The Charter is binding on all member states.
There is also
the United Nations Convention against Torture and other cruel, inhuman or degrading treatment or punishment. This has bound the UK since 26th June 1987.
These are important international obligations entered into by the UK and they apply irrespective of the UK's relationship with any aspect of Europe.
The government prides itself on being a Permanent Member of the UN Security Council. Lord Neuberger's words are therefore particularly appropriate and, in the event, timely.
Addenda - 6th March:
For an interesting post see Eurorights - Lord Neuberger to the executive - Get your tanks off the judicial lawn
- Lord Neuberger ~ Recent Speeches
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Law and Rights
Lord Neuberger's timely comment ...
'Britain will have to withdraw from the United Nations as well as the European court of human rights if it wants to deport terrorist suspects to states that carry out torture, the country's most senior judge has warned.'
Lord Neuberger was referring to the Universal Declaration of Human Rights of 1948 - Full text. Article 5 is clear:
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment
The Declaration adds flesh to the words "fundamental freedoms" and "human rights" appearing in the United Nations Charter. The Charter is binding on all member states.
There is also
the United Nations Convention against Torture and other cruel, inhuman or degrading treatment or punishment. This has bound the UK since 26th June 1987.
Article 3
- No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
- For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
These are important international obligations entered into by the UK and they apply irrespective of the UK's relationship with any aspect of Europe.
The government prides itself on being a Permanent Member of the UN Security Council. Lord Neuberger's words are therefore particularly appropriate and, in the event, timely.
Addenda - 6th March:
For an interesting post see Eurorights - Lord Neuberger to the executive - Get your tanks off the judicial lawn
Predictably, Lord Neuberger has been accused of dabbling in politics - Daily Mail 6th March - 'Judges, .... , are meant to keep their noses out of politics. They take a very dim view when ministers criticise their rulings in human rights cases. Indeed, Lord Neuberger criticised Home Secretary Theresa May yesterday for daring to question why judges had ignored the will of Parliament in relation to deporting foreign criminals. If judges expect dignified silence from the Government, surely ministers have a right to expect the head of the Supreme Court to behave in the same way ? no matter how strongly he disagrees with them.'
- Lord Neuberger ~ Recent Speeches
Supreme Court of VictoriaOur own Supreme Court is now in vacation until the next legal year commences in October. Lord Neuberger, the court's President, is busy in Australia and New Zealand delivering speeches. In a speech at the Supreme...
- Abu Qatada May Leave Uk Voluntarily If .....
The long running Abu Qatada deportation issue may be drawing to an end. Over around 8 years, the government has spent enormous amounts of public money on the various legal challenges to his deportation to Jordan. (See Jack of Kent Resource...
- Abu Qatada ~ New Treaty With Jordan ~ But Will It Result In His Deportation?
Earlier this week, the Court of Appeal refused the government permission to appeal against a decision of the Special Immigration Appeals Commission in the Abu Qatada case - BBC News 23rd April. The government will be asking the Supreme Court to...
- The Legal Year Commences ~ Formalities
The 2012-13 Legal Year commenced today with the traditional Judges Service at Westminster Abbey followed by "the Lord Chancellor's breakfast" in Westminster Hall - see Ministry of Justice . The Ministry of Justice website informs us that - "The...
- Has The Uk Been Complicit In Either The Torture Or Mistreatment Of Prisoners?
The media has been replete with articles about the Court of Appeal's judgment in R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2010] EWCA Civ 65. We have also heard how efforts were made to persuade Lord Neuberger MR...