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
Nye Bevan
(25,406 posts)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)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)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)and free to plot terror attacks.
pampango
(24,692 posts)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.