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dipsydoodle

(42,239 posts)
Wed Apr 24, 2013, 07:12 AM Apr 2013

UK may withdraw from European rights convention over Abu Qatada

Source: Guardian

David Cameron is examining the possibility of withdrawing on a temporary basis from the European convention on human rights as the government seeks to deport the radical Islamist preacher Abu Qatada, Downing Street has confirmed.

As the home secretary, Theresa May, prepares to make a statement to MPs, the prime minister's spokesman said that the possibility of a temporary withdrawal was discussed by the prime minister and senior ministers on Tuesday.

Asked whether the prime minister would rule out withdrawing from the convention on a temporary basis, the spokesman said: "The prime minister met with the home secretary, the justice secretary and the attorney general yesterday to discuss the case. I am not going to get into specifics on the details of what the government is considering. We are going to explore every option."

The Conservatives have used the Abu Qatada case to raise the possibility of withdrawing from the convention. But they have no support from the Liberal Democrats, which means this would have to be delayed until 2015 at the earliest. The remarks by the No 10 spokesman suggest that a temporary withdrawal, as a response to the Abu Qatada case, is now under active consideration.

Read more: http://www.guardian.co.uk/law/2013/apr/24/european-rights-convention-abu-qatada

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UK may withdraw from European rights convention over Abu Qatada (Original Post) dipsydoodle Apr 2013 OP
A very difficult situation. Nye Bevan Apr 2013 #1
Temporary withdrawal would probably be unlawful muriel_volestrangler Apr 2013 #2
Abu Qatada: UK agrees assistance treaty with Jordan muriel_volestrangler Apr 2013 #3
If only the Taliban had dreamed up this angle, maybe Osama would still be alive geek tragedy Apr 2013 #4
"The Conservatives have used the Abu Qatada case to raise the possibility of withdrawing from the pampango Apr 2013 #5

Nye Bevan

(25,406 posts)
1. A very difficult situation.
Wed Apr 24, 2013, 08:26 AM
Apr 2013

I see the arguments about evidence obtained using torture. But it is unthinkable for a guy like this to be roaming the streets of the UK.

muriel_volestrangler

(101,153 posts)
2. Temporary withdrawal would probably be unlawful
Wed Apr 24, 2013, 08:35 AM
Apr 2013
It is theoretically possible to withdraw temporarily from the European convention on human rights particularly over matters involving terrorism.

But initial legal reaction suggests that there is only "a vanishingly small chance" that such a move could be used by Britain to resolve the political crisis over deporting Abu Qatada. The president of the supreme court has already warned that such a move is more likely to end up being declared unlawful under the UN convention against torture.
...
Article 15 of the human rights convention allows a state to withdraw temporarily or derogate in legal terms from some of its rights in times of national emergency which threaten the life of the nation, to allow the use of measures that have to be "strictly required".

Britain has used this temporary withdrawal power in the past, especially during the 1970s to allow internment without trial in Northern Ireland and other measures.
...
Cameron may be relying on the fact that Abu Qatada does not face a risk of ill-treatment or torture on his return to Jordan but the real risk of an unfair trial based on evidence obtained by torture. This comes under article 6 rather than article 3 of the convention and temporary withdrawal is not expressly forbidden for this purpose.

http://www.guardian.co.uk/world/2013/apr/24/withdrawal-human-rights-convention-price

muriel_volestrangler

(101,153 posts)
3. Abu Qatada: UK agrees assistance treaty with Jordan
Wed Apr 24, 2013, 08:38 AM
Apr 2013
The government has signed a mutual assistance treaty with Jordan to ensure that radical cleric Abu Qatada can be extradited, Theresa May has told MPs.

The home secretary said the treaty had guarantees on fair trials within it.

The government is doing "everything it can" to deport Abu Qatada, she said.

The move comes after she failed to get the case referred to the Supreme Court to reverse a ruling that the radical cleric could face an unfair trial if sent to Jordan to face terror charges.

http://www.bbc.co.uk/news/uk-22275000
 

geek tragedy

(68,868 posts)
4. If only the Taliban had dreamed up this angle, maybe Osama would still be alive
Wed Apr 24, 2013, 09:28 AM
Apr 2013

and free to plot terror attacks.

pampango

(24,692 posts)
5. "The Conservatives have used the Abu Qatada case to raise the possibility of withdrawing from the
Wed Apr 24, 2013, 09:36 AM
Apr 2013

convention. But they have no support from the Liberal Democrats ..." And the statement from the Labour shadow home secretary contained no indication of any Labour support for a withdrawal.

Imagine that - a conservative-run government that wants to withdraw from a human rights treaty and the more liberal parties do not support the idea. Regardless of the specifics of this case, I imagine there are many in the Tory party that have wanted to withdraw from the convention for a long time and are happy that a 'reasonable' opportunity to do so has arisen. The UK was on of the founding members of the convention in 1949. Every European country (even those not in the EU) are members.

"How dare those (other) Europeans tell us what to do. Sure we signed the treaty. But that does not mean we have to follow it. "

Of course, many in Cameron's party want the UK to withdraw from the EU not just from this convention on human rights, so any separation from those continental Europeans is a good deal to them.

Here's a link to the wiki on the convention: https://en.wikipedia.org/wiki/European_Convention_on_Human_Rights

It looks like a damn fine document.

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