UK government sources have denied that torture victims would be affected by proposed changes to the European Convention on Human Rights (ECHR), insisting that ‘absolute protections’ would remain. However, ministers face accusations of weakening legal safeguards for torture victims as 46 Council of Europe member states, including the UK, prepare to make it easier to deport refused asylum seekers and foreign criminals.
Political Declaration on ECHR Interpretation
Foreign Secretary Yvette Cooper is expected to sign a “political declaration” on Friday alongside other Council of Europe members. The declaration aims to curb how European and domestic courts interpret the convention to halt removals and deportations of asylum claimants. Cooper and Home Secretary Shabana Mahmood have claimed that Articles 3 and 8 of the ECHR—the right to live free from torture and the right to family life—have been misused by criminals.
Criticism from Legal Experts and Human Rights Groups
Legal experts and human rights organisations have condemned the move as a “grubbily political deal” that risks empowering repressive regimes. Professor Eirik Bjorge KC, author of Courts as Faithful Trustees: Domestic Application of the ECHR, stated: “There is nothing principled about the Chisinau manifesto; it is a grubbily political initiative. Seeking to water down by political means the most fundamental guarantee in the ECHR, the absolute prohibition in Article 3, is ignoble and unlikely to have any effect on the jurisprudence of the Strasbourg court.” He added that the initiative seeks to interfere with judicial independence and will be rejected.
Kolbassia Haoussou, a director at Freedom from Torture and a torture survivor, said: “The UK has long prided itself on fairness, compassion and upholding the rule of law. Chipping away at Article 3 would not just undermine that reputation but send a dangerous message to repressive regimes around the world that even the most fundamental protections can be bargained away. Every safeguard dismantled today will be a gift to those who seek to abuse power tomorrow.”
The UN Committee Against Torture last week expressed concerns that efforts to overhaul the convention were undermining the absolute nature of the prohibition of inhuman and degrading treatment.
Government Response and Signing Ceremony
Reacting to the criticism, UK government sources denied that torture victims would be affected, reiterating that “absolute protections” would remain. Cooper will sign the declaration in Chișinău, Moldova, accompanied by Attorney General Richard Hermer. The declaration is expected to clarify how the ECHR should be interpreted by the European Court of Human Rights in Strasbourg and by national courts.
The political agreement has been negotiated over the past year in response to growing concerns about how the courts interpret the ECHR. The government claims serious criminals have exploited the system to frustrate deportation and extradition, abusing family rights under Article 8.
International Law Experts Weigh In
International law experts, including Professor Veronika Fikfak of University College London and Professor Mikael Rask Madsen of the University of Copenhagen, suggested the declaration appears to be a “signalling exercise” to warn courts to “back off.” They noted that states could have sought an advisory opinion from the European Court on migration protections but chose not to, indicating the declaration may be a stepping stone to hardening domestic stances on migration and creating a common political position.
Broader Context: Return Hubs and Immigration Bill
European ministers will also discuss plans to send thousands of refused asylum seekers to third-country hubs. Council of Europe Secretary General Alain Berset told the Guardian that discussions about removing people who arrived via irregular routes would take place at a multilateral level. The Starmer government has attempted to set up “return hubs” following the rise of Reform UK in the polls. In November, Mahmood told MPs that the Home Office was in “active negotiations” with several countries, but no deals have been confirmed.
The King’s Speech on Wednesday promised a new immigration bill, including tightening the application of Article 8 of the ECHR. In a statement, Cooper said: “We have been working with neighbours across Europe to ensure that countries can take strong action against illegal migration, control borders, uphold the rule of law and respect international standards. The ECHR has protected democracy, human rights and the rule of law across Europe for 75 years. To ensure this continues, we need a commonsense approach that reflects the realities of today.”
