By Peter McLaren-Kennedy • 13 February 2023 • 8:48
EECHR - Image AndriKoval /Shutterstock.com,
A report by the Mail on Sunday claims that Article 3, which prohibits torture and inhumane treatment; Article 5, the right to liberty and security; and Article 8, the right to private and family life are being successfully exploited.
The report found that a growing number of extremists are using these articles to prevent deportation with most living in the UK at the taxpayers’ expense.
These include Al Qaeda and Islamic State terrorists as well as those granted asylum in the country but who have been guilty of plotting or carrying out terrorist activities in their new home.
The ECHR was introduced after WWII in an effort to prevent a repeat of atrocities such as the holocaust, but some lawyers and politicians believe it to no longer be fit for purpose. More specifically they say it fails to deal with modern issues of mass migration, litigation and lone-wolf terrorism.
Some analysts, lawyers and politicians have expressed their horror at how the legislation is being used by individuals and their legal representatives to prevent deportation. Such an example includes the case of one terrorist who successfully argued against deportation as it would deprive him of free NHS treatment.
Security analyst Dr Rakib Ehsan of the Henry Jackson Society think-tank told the Mail on Sunday: “Having a country of origin with substandard healthcare and mental health services compared with the NHS should not be used by foreign terrorists to block deportation.”
But according to social media reports on Monday, February 13, not everyone is convinced that the law is the problem but more the interpretation in the courts. Much of that interpretation is based on government guidance that for example designates Somali as unsafe, which then limits the ability of the court to rule that the individual can be returned to their place of birth.
Sir Bill Cash, a leading Eurosceptic MP and constitutional lawyer said: “It’s unacceptable the way in which human rights law is routinely exploited by those who couldn’t care less about human rights.
“It doesn’t matter where they come from, they deserve no protection under the ECHR.”
The new UK Bill of Rights is currently going through parliament some sections of which are designed to override the ECHR under certain circumstances, but it won´t have an easy ride. For some, European human rights laws cannot be blamed for blocking the deportation of terrorists but more importantly, they believe that making such changes is the thin end of the wedge and could see a whittling down of one of the UK´s strengths over time.
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Originally from South Africa, Peter is based on the Costa Blanca and is a web reporter for the Euro Weekly News covering international and Spanish national news.
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