UK ministers accused of weakening legal protections for torture victims seeking asylum | Immigration and asylum
Keir Starmer’s government has been accused of trying to weaken legal protections for torture victims as ministers from 46 countries, including the UK, prepare to facilitate the deportation of rejected asylum seekers and foreign criminals.
Foreign Minister Yvette Cooper is expected to agree a “political declaration” on Friday with other members of the European Council, which oversees the European Convention on Human Rights (ECHR).
The declaration is expected to restrict the way the convention is interpreted by European and domestic courts to halt the deportation and deportation of asylum seekers.
It follows allegations by Cooper and interior minister Shabana Mahmood that articles 3 and 8 of the convention (the right to live free from torture and the right to family life) have been abused by criminals.
Reacting to the planned declaration, legal experts and human rights organizations said the move was a “dirty political deal” that risked playing into the hands of repressive governments.
Prof Eirik Bjorge KC, author of Loyal Trustees of the Courts: Domestic Application of the ECHR, said the declaration aimed to interfere with the independence of the judiciary but would be rejected by judges.
“There is nothing principled about the Chisinau manifesto, it is a dirty political initiative. Trying to dilute the absolute ban in Article 3, the most fundamental guarantee of the ECHR, by political means is despicable and is unlikely to have any impact on the jurisprudence of the Strasbourg Court.
“The initiative aims to interfere with the independence of the judiciary and will be rejected as such,” he said.
Kolbassia Haoussou, a torture survivor and director of the NGO Freedom Against Torture, said: “The UK has long prided itself on supporting justice, compassion and the rule of law. Slightly reducing Article 3 would not only tarnish that reputation, but would also send a dangerous message to oppressive regimes around the world that even the most basic protections can be bargained away. Every protection removed today would be a gift to those who seek to abuse power tomorrow.”
The UN Committee Against Torture last week expressed concern that efforts to overhaul the convention undermine the absolute nature of the prohibition of inhuman and degrading treatment.
Reacting to the criticism, UK government sources denied that torture victims would be affected by this change and said that “absolute protections” would continue.
Cooper will sign the declaration in Chisinau, the capital of Moldova, accompanied by attorney general Richard Hermer.
It is expected to put forward a list of clarifications on how the agreement should be interpreted by the European Court of Human Rights in Strasbourg, the final arbiter of the agreement, and national courts.
The political agreement was negotiated by member states last year in response to growing concerns about the way the ECHR has been interpreted by the courts.
The government alleged that serious criminals exploited the system to prevent their deportation and extradition and abused their family rights under Article 8 of the convention.
International law experts, including Prof Veronika Fikfak of University College London and Prof Mikael Rask Madsen of the University of Copenhagen, said the council’s statement appeared to be a “signaling exercise” to warn the courts to “stand down”.
“States could, for example, request: [European] Although he asked the court for an advisory opinion on immigration protections, they chose not to do so. Perhaps this is mostly an exercise in signaling the court to back off.
“Without legislation, what is agreed upon internationally is unlikely to yield results domestically.
“The declaration may be better understood as a stepping stone to hardening domestic attitudes on immigration and creating a common political stance,” they said in a joint statement to the Guardian.
European ministers will also discuss plans to send thousands of rejected asylum seekers to third country centres.
Alain Berset, secretary general of the Council of Europe, told the Guardian that discussions on removing people coming to Europe irregularly would take place “at a multilateral level”.
Starmer’s government has sought to set up “return centres” following Reform UK’s rise in the polls. Mahmood told MPs in November that the Home Office was in “active negotiations” with several countries but no deals had been confirmed.
In his speech on Wednesday, the King promised a new immigration bill that would include tightening enforcement of Article 8 of the convention.
Cooper said in a statement: “We are working with our neighbors across Europe to ensure countries can take strong action against illegal migration, control borders, uphold the rule of law and respect international standards.
“The ECHR has been protecting democracy, human rights and the rule of law across Europe for 75 years. To ensure this continues, we need a common-sense approach that reflects today’s realities.”
