BBC World News – 2008-04-11 22:24:06
http://news.bbc.co.uk/2/hi/uk_news/7342324.stm
Human Rights ‘Apply to UK Troops’
BBC NEWS
LONDON (April 11, 2008) — Human rights laws can be applied to British troops even in combat, a High Court judge has ruled. The landmark judgement came in a test case relating to the death of Scottish soldier Pte Jason Smith in Iraq.
Mr Justice Collins said sending soldiers into action without proper kit could breach human rights. Ministers are appealing against the ruling. The court also ruled families of those killed in conflict should get legal aid and access to military documents.
The judgement came during a request for military inquest guidelines in the case of Pte Smith, 32, from Hawick, in the Scottish Borders, who died of heatstroke in Iraq in 2003.
Legal Defeat
Lawyers for the Ministry of Defence (MoD) had argued it was impossible to give soldiers in combat situations the benefits of the Human Rights Act. But Mr. Justice Collins said that although a duty of care could not be expected in combat, troops did not lose all protection.
For example, sending a soldier out on patrol with defective equipment might be a breach of Article 2 of the Human Rights Act – the right to life, which in the event of death requires an independent inquiry.
Many believe the judgement will make it easier for the families of those injured or killed in Iraq and Afghanistan to claim for compensation.
The decision was a legal defeat for Defence Secretary Des Browne who also had his attempt to ban coroners from using critical phrases such as “serious failure” rejected.
Jocelyn Cockburn, the solicitor for Pte Smith’s family, said the ruling meant British soldiers sent abroad would “have the same human rights as any other British citizens and must be properly equipped when sent into battle”.
Catherine Smith, Pte Smith’s mother, welcomed the decision and said she hoped other families would now not have to struggle in the same way she did to find out how their loved ones died. “It was questions upon questions that we couldn’t get – we couldn’t get any information at all. And I think that’s wrong. We should’ve had disclosure.”
‘Common Sense’
Diane Dernie, the mother of L/Bombadier Ben Parkinson, from Yorkshire, who was injured in an explosion in Afghanistan last year, told the BBC the decision was “absolute common sense”.
Liberty director Shami Chakrabarti said it was now clear it was “not just the military covenant that protects our forces all over the world. Their fundamental right to dignity and fair treatment must be safeguarded as well.”
But shadow defence secretary Liam Fox said it should not have taken a court decision for ministers to realise they had “a responsibility and a moral obligation” to ensure troops were the “best trained and best equipped in the world”.
Liberal Democrat defence spokesman Nick Harvey described the ruling as a “shattering ruling for Des Browne” and said he hoped it would “wake the government up” to equipment shortages.
However, Mr Browne told the BBC his department had come “a long way” in response to “the changing environment both in Iraq and Afghanistan” regarding equipment. “So this is criticism which is dated criticism from a different time. It is not applicable to the troops that are presently deployed.”
He confirmed the MoD would be appealing against the ruling that sending British soldiers into battle with defective equipment could breach human rights.
On the judge’s rejection of the government’s bid to stop coroners using critical language, the MoD said it had never attempted to prevent coroners from “undertaking independent investigations and making their findings public”.
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Families Hail Landmark Judgement
LONDO (April 11, 2008) — Military families have reacted with delight to a landmark High Court judgement about the human rights of British soldiers serving overseas. Mr Justice Collins said sending them on patrol or into battle with defective equipment could be illegal.
The decision was welcomed by the mother of Pte Jason Smith who died of heatstroke in 2003 in southern Iraq and whose death became a test case.
Catherine Smith said other families should not face the same legal battles. “I hope going through with this inquiry… that it won’t happen to any other family because it was traumatising and I really wouldn’t wish it on anyone else.”
Her solicitor Jocelyn Cockburn said the ruling meant British soldiers sent abroad would “have the same human rights as any other British citizens and must be properly equipped when sent into battle”. She said the judgment also had great significance for the conduct of future inquests into deaths on active service.
Service families with loved ones killed on duty overseas hoped the ruling would help their own battle for justice.
Diane Dernie, the mother of L/Bombadier Ben Parkinson, from Yorkshire, who was injured in an explosion in Afghanistan last year, told the BBC the decision was “absolute common sense”. “How can you expect these soldiers to go out and risk everything and give their all and the government to not have any responsibility to ensure their equipment functions correctly and that they are provided with safety equipment?”
Legal Action
Meanwhile, the families of Gordon Gentle and David Clarke, who this week failed in their legal attempt to force a public inquiry into the Iraq war, said Mr Justice Collins’ decision was “legally and morally correct”.
Rose Gentle, whose son Fusilier Gordon Gentle died in a roadside bomb blast in Basra in June 2004, said it might aid her fight for damages. “It means that Gordon’s case must be heard in full as he was within the jurisdiction of the UK Government. We do not think that the defence of combat immunity can prevent my family getting justice and ultimately damages for Gordon’s death.”
The father of a paratrooper killed in a gun battle in Afghanistan without night vision goggles also believes the ruling will aid a legal battle with the Ministry of Defence.
Anthony Philippson first threatened to sue the MoD last month, demanding it accept full liability for the death of his son Capt James Philippson in Helmand Province in 2006.
“My lawyer has written saying he will take legal action unless they settle a claim he has made. I’m sure he will be picking up on the judgment today,” he said.
© BBC MMVIII
Posted in accordance with Title 17, US Code, for noncommercial, educational purposes.
