Keir Starmer's government has been accused of attempting to weaken legal protections for torture victims, as ministers from 46 countries, including the UK, prepare to make it easier to deport refused asylum seekers and foreign criminals. Yvette Cooper, the foreign secretary, is expected to agree a 'political declaration' on Friday with other members of the Council of Europe, which oversees the European Convention on Human Rights (ECHR).
The declaration aims to curb the way the convention is interpreted by European and domestic courts to halt the removal and deportation of asylum claimants. It follows claims from Cooper and Home Secretary Shabana Mahmood that Articles 3 and 8 of the convention—the right to live free from torture and the right to family life—have been misused by criminals.
Legal experts and human rights organisations have criticised the move as a 'grubbily political deal' that risks playing into the hands of repressive governments. Professor Eirik Bjorge KC, author of 'Courts as Faithful Trustees: Domestic Application of the ECHR', said the declaration seeks to interfere with the independence of the judiciary and will be rejected by judges. Kolbassia Haoussou, a director at Freedom from Torture and a torture survivor, warned that chipping away at Article 3 would undermine the UK's reputation and send a dangerous message to repressive regimes.
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. UK government sources denied that torture victims would be affected, stating that 'absolute protections' would remain.
Cooper will sign the declaration in Chișinău, Moldova, accompanied by Attorney General Richard Hermer. The declaration is expected to set out clarifications on how the ECHR should be interpreted by the European Court of Human Rights and national courts. International law experts, including Professor Veronika Fikfak of University College London, described the declaration as a 'signalling exercise' to warn courts to 'back off', and suggested it may be a stepping stone to hardening domestic stances on migration.
