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Conservative leadership hopeful Robert Jenrick’s claim that the European Convention on Human Rights (ECHR) is causing British special forces to kill rather than detain suspected “terrorists” is both outlandish and downright dangerous, and has, quite rightly been met with a backlash, including from his colleagues.
Jenrick’s desire to tear up the UK’s commitment to protect basic rights and freedoms does not bode well for his vision for Britain or his priorities if he wins the Conservative leadership contest.
In his most recent comments, Jenrick is piggybacking on criticism made last year by Sir Ben Wallace, the then Defence Secretary, of the Convention and other global norms which prevent Britain from rendering suspects to countries where they may face torture. Jenrick double-downed on the comments on Tuesday.
The controversy comes just a week after Wallace was called before the independent inquiry on Afghanistan to answer claims that he “lacked curiosity” when allegations of extrajudicial killings by British special forces were brought to him. It is a choice moment for Jenrick to have invoked Wallace’s opinion on these matters.
Every day in Freedom from Torture’s rehabilitation clinics we see the terrible damage torture has on people, including men, women and children from countries that Britain shares intelligence with.
Their pain is a vital reminder of why the UK must defend the absolute ban on torture and protect every human, regardless of who they are or what they are accused of. Torture is the ultimate red line and when the universal ban is flouted no one is safe.
Alongside his criticism of the ECHR, Wallace was a staunch proponent of the 2021 Overseas Operations Act, which as a bill sought to let British perpetrators of torture and murder off the hook.
Fortunately, through the tireless campaigning by survivors of torture and allies in civil society and within the military, this plan to create de facto impunity was defeated before the bill passed into law.
The ongoing Afghanistan Inquiry (which is investigating allegations that British Special Forces murdered civilians in Afghanistan between 2011 and 2013) makes crystal clear what a critical achievement this was.
In recent years, the ECHR has been treated like a political football, and a raft of laws have been introduced that flout the UK’s international obligations and deny justice to survivors of torture.
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In line with his pledge to uphold the international rule of law, Kier Starmer must move now to repeal the Overseas Operations Act, including the time bar it places on civil claims by survivors of torture and murder.
Raking up nonsensical and hackneyed criticism of the ECHR to score cheap political points is an unwelcome reminder of the recent period in which the UK’s global reputation as a country that upholds the international rule of law nosedived.
Jenrick’s colleagues are right to shut him down. The UK’s commitment to the ECHR must be unwavering.
Sonya Sceats is the Chief Executive of Freedom from Torture