Thursday, February 9, 2012

The European Court of Human Rights is to blame for the Abu Qatada Debacle - not the founding principles of the European Convention of Human Rights



It is a myth to suggest that the European Convention of Human Rights is responsible for the UK's inability to send Mr Qatada back to Jordan.

The actual Convention was framed by mainly British Judges after the Second World War, with the intention of avoiding any repeat of the horrors of Nazi Germany. The actual principles of the Convention are very noble and clear in their intention.

In fact, Articles 16 and 17 (Section One) clearly would permit the Hone Secretary to deport Mr Qatada.

The problem is not with the ECHR, but with the European Court. The judges of the court, some of whom come from countries, with their own questionable human rights record, seem to be wilfully subverting the original principles of the Convention. The Court has extended its remit to areas which were never intended and clearly needs reform.

My own view is that the UK should temporarily withdraw from the ECHR, and work with other countries to reform the Court.

This was the question I asked yesterday to the Home Secretary:

Robert Halfon (Harlow, Conservative): Does my right hon. Friend accept that article 17 of the European convention says explicitly that human rights law should never be used to defend those aiming "at the destruction of any of the rights and freedoms…in the Convention" such as the activities of Abu Qatada? Article 16 makes it clear that Governments can restrict the political activity of foreign nationals in self-defence, and the Jordanian hate-preacher Abu Qatada is a clear case of that. Does she agree that it was never the intention of the framers of the European convention, which was founded to avoid a repeat of the horrors of Nazi Germany, to let the poison of Islamist terrorists go free?

Theresa May (Home Secretary; Maidenhead, Conservative): I agree with my hon. Friend that the way in which the European Court operates is not how it was originally intended to operate. That is precisely why we are looking at possible reform and, as I have said, discussing with the other countries involved whether that reform would be possible in a way that enables us to be in a better position in future to deport those who are a danger to us.


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You can see the founding Principles of the European Convention of Human Rights if you click HERE.

1 comment:

  1. Sorry but I do not agree that we should leave the EHC, I think it would be devastating to HR in Britain in general, but then that's what this government wants anyway.
    Anyone with any sense can see a couple of cases being held up to try and justify the changes.

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