The father of a soldier who died at Deepcut Barracks has criticised government plans to exempt British troops from human rights law during overseas operations. Des James, whose daughter Cheryl was found dead at the barracks in 1995, said the move would make it harder for military families to hold the government to account and easier for the Ministry of Defence to “cover up” failings.
Under proposals announced on Tuesday, the UK would detach itself from the European Convention on Human Rights (ECHR) during future conflicts, a step the court allows. The government argues this will protect soldiers from “vexatious” legal claims. However, Mr James said the ECHR had been essential in his family’s fight for a proper inquest into his daughter’s death, forcing authorities to release evidence.
Cheryl James, 18, was found dead with a bullet wound at Deepcut Barracks in November 1995. The original inquest lasted just one hour after the Army took over the investigation. Using ECHR law, the James family and campaign group Liberty compelled Surrey Police to release evidence, leading to a new inquest.
Mr James said: “Politicians have vilified lawyers and now call for the armed forces to be exempt from human rights laws when overseas. The government has a short memory. It is ignoring the many servicemen and women and their families, like mine, who have used the ECHR to hold the Ministry of Defence to account.” He added that the ECHR is an “essential protection for military families seeking the truth”.
Liberty director Martha Spurrier also criticised the plans, stating: “The government cannot be allowed to leave its human rights commitments at our borders. Doing so will leave abuse victims unprotected and our troops powerless when the state fails to keep them safe from harm.” She accused the MoD of trying to avoid the “shame” of admitting civilian abuse.
The government says ECHR-based claims have cost the MoD over £100 million on Iraq-related investigations and compensation. Prime Minister Theresa May defended the move, saying there was a “whole industry” of human rights lawyers chasing “vexatious claims” against troops. Under the plans, soldiers would still be subject to International Humanitarian Law and UK criminal law.
