On the ECHR, again

On the ECHR, again

I am trying to write something for the Govt. consultation on the HRA, and came across this nugget from the ECtHR, Facts and Figures 2020, we can assume, that 2021 is not yet available,

“Almost half the judgments concerned 3 of the 47 member States, namely the Russian Federation (185), Turkey (97) and Ukraine (86). Nearly a quarter of all the judgments delivered by the Court concerned the Russian Federation.

Of the total number of judgments delivered in 2020, the Court found at least one violation of the Convention by the respondent State in 87% of the cases.”

Facts and Figures 2020

I last looked at the Court and its impact on the UK in this article, Sovereignty, in 2016, which pointed at two articles, one, a fact check from Channel 4, and one from the EHRC describing the impact of the Court on British Law.

The featured image, is from wiki media, CC cherryx 2012 BY-SA …

What the CoFoE thinks about citizen privacy

What the CoFoE thinks about citizen privacy

The Conference on the Future of Europe, Democracy and Rule of Law panel has generated 39 recommendations to improve the EU’s Democracy and compliance with the Rule of Law. Three of these related to Privacy and one to Cybersecurity. I have drafted a response for CTOE, which I hope will become part of their response but did not form part of their first response, which is fortunate since I changed my mind slightly. The article, overleaf, covers regulations and sanctions, equality of arms, and enforcement and political will. ...

Sometimes ministers go to gaol.

I am astonished to read that Inger Støjberg, an ex-Danish immigration minister has been sent to prison for breaching migrant’s human rights. This followed a European Court of Human Rights ruling. I look forward to one of many cases against Priti Patel going to Strasbourg, for instance, this and this on her illegal and inhumane instructions on push back of refugees crossing the channel or her failures in progressing Windrush compensation or her discriminatory behaviour towards pre-settled EU citizen residents. She should be worried although her mate Dominc Raab has an answer. Neuter the ECtHR. …

More racism from the Nationality & Borders Bill

The nationality and borders bill has been rightly criticised for demonising refugees and asylum seekers, the Acts last year have given the police immunity from prosecution for illegal acts, but I have just discovered, by looking at the New Statesman, that it plans to increase the powers of the Home Secretary to remove the citizenship rights, rendering them stateless,of people she believes have a claim on citizenship of a second state. It is one of the UN Declaration of Human Rights, not to be stateless. The ‘Statesman, rather dramatically suggests 6 million people could be in jeopardy.

In the article in the ‘Statesman, the show more button works.  …

Right to a fair trial

judges gavel

For reasons, which to my friends will will be obvious, I feel the need to post the text of Article 6 of European Convention on Human Rights.

ECHR Article Six

  1. a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
  2. Everyone charged with a criminal offence shall be presumed innocent until proven guilty according to law.
  3. Everyone charged with a criminal offence has the following minimum rights:
    • a.  to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
    • b.  to have adequate time and the facilities for the preparation of his defence;
    • c.  to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
    • d.  to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
    • e.  to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
 …

Labour and antisemitism, some thoughts

Labour and antisemitism, some thoughts

I have now read the EHRC Report, Investigation into antisemitism in the Labour Party, and this is what I think needs to be done. I have published some thoughts already and I believe that it is necessary that the Labour rectify its rules and culture to make it a place where discrimination is both absent and shunned, where perpetrators have the opportunity for contrition and that suspensions and expulsions are a last resort applied only after a fair trial. I am particularly incensed to find there has been no policy nor procedures to guide the investigation nor the determination of discrimination complaints because it’s so basic. However, before I look at the specific recommendations, I want to look at some context. The first is Human Rights law, and the second is that the failings are so basic that anyone of good faith will insist that any remedy is applied to all complaints and disciplinary processes and affairs because the failings are systemic, not specific to handling antisemitism complaints. The article then looks at what a fair and independent process might look like and asks that it take account of the ECHR’s Article 6 and 11, the right to a fair trial and freedom of association. It calls for the retention of the NCC and the provision of legal advice to ensure its independence from the Leader and the NEC. It recognises that the Party must be considered institutionally racist and that attempts to fix the problems have been dogged by factionalism. It calls for the adoption of the Nolan Principles. It recognises that things were worse under McNicol until Formby was appointed. It reaffirms that Labour’s policy and rules are made by Conference and not announcements by the Leadership. These issues are explored in greater detail overleaf …

Labour, human rights and the #spycops bill

Labour, human rights and the #spycops bill

I am pretty disappointed with Labour’s decision to abstain on the 3rd Reading of the Covert Human Intelligence Sources Bill. It’s truly disgraceful and allowing the State’s secret policy to operate with impunity jeopardises important human rights such as the right to a fair trial and the right to organise (freedom of association) not to mention the rights to privacy although the investigatory powers act of 2016 put these on the bonfire. Most of its opponents focus on murder, torture and rape, but the destruction of the rule of law and its application to the police is an on-ramp to these crimes, the principle of an accountable police and prosecutor is the key.

However, Labour is not good on these issues, more recently the PLP led by Burnham & Starmer colluded with the IPA 2016, supported the retention of ‘economic’ security as a lawful purpose of the intelligence service’s activities and when I proposed the supremacy of human rights law as a conference policy, it got 2 votes on the NPF web site and my CLP has always sent other, yet important, motions to conference while CLPD’s support was ineffective as they pursued their doomed attempt to rewrite the Leadership election rules. I posted my moving speech to this blog. I am not sure if this is because many people consider the NPF to be a waste of time, or that support for human rights law is weak in the Labour Party, because you can’t eat or burn human rights.

Please vote up my NPF proposal, if its still open and if you can, the software is, to use a technical phrase, a bit shit. Also you might like to share my motion via social media.

ooOOOoo

Hansard have reworked the way in which they report votes, here is their record of the 3rd reading vote, the page opens on the not recorded page.

The Legislation tracker is here, the Lords Committee stage starts in 24th Nov and the Report stage & 3rd reading are not yet planned. If the Lords amend the Bill then it will return to the Commons for what is called the “Consideration of Amendments” where usually the Commons tell the Lords to “go away” (4,3). …

In a democracy, the police must obey the law

Another second reading abstention by Labour, this time on indemnifying police and secret police agents from criminal acts. It, the Covert Human Intelligence Sources Bill, has become known as the #spycops Bill. It was eloquently opposed by Zarah Sultana, who failed to mention that the remaining protection is the Human Rights Act, which the Tories have at times committed to repealing, but did include the second fatla flaw in that such otherwise illegal acts are to be authorised by senior officers in the agent's organisation. Much drama has been made of the potential for murder, torture and rape, but the line is that the police must obey the law, all of them. This Bill breaks that principle Here's Zarah (below/overleaf).....