Latest news with #ShabanaMahmood
Telegraph
21 hours ago
- Politics
- Telegraph
Eurocrats shut down Labour's hopes of ECHR reform
The head of the organisation overseeing the European Convention on Human Rights (ECHR) has slapped down Labour's calls for reform. Just a day after Shabana Mahmood, the Justice Secretary, called for the ECHR to 'evolve' or lose public trust, Alain Berset, the secretary general of the Council of Europe, declared that he was 'not calling for reform' of the convention. Mr Berset appeared to distance himself from previous comments that he made no more than two weeks ago when he suggested that the ECHR must adapt in face of a growing backlash over migration, with 'no taboo' on rewriting its rules. The future of the ECHR – and the UK's application and disapplication of it – is one of the key dividing lines between the UK political parties. Nigel Farage's Reform wants out; Kemi Badenoch has suggested it is likely the UK will quit without reform of the ECHR; and Labour is seeking reform per se while drawing up new rules to curb judges' use of it in immigration cases. It has been brought to the fore by The Telegraph's exposure of dozens of cases where foreign criminals and illegal migrants have avoided deportation by claiming their ECHR rights would be breached if they were removed. In an interview with Politico, the political website, Mr Berset appeared to put himself at odds with all three main parties. He said: 'I am not calling for reform of the European Convention on Human Rights, nor do I support any effort that would weaken it. 'It should never be used as a scapegoat in domestic political debates. When states face complex challenges, the answer is not to dismantle the legal guardrails they themselves helped build. 'The proper place for dialogue is through our institutions, not through pressure on the European Court of Human Rights or attempts to bypass the system.' 'Meaningful reform is impossible' Robert Jenrick, the shadow justice secretary, said Mr Beset's comments 'proved... meaningful reform is impossible'. He added: 'This proves what has long been clear: meaningful reform of the ECHR is impossible. Labour's fake plans to reform it is a ruse to trap us in the convention for decades more while our border crisis worsens. Starmer doesn't care enough about protecting the British public to leave.' Meanwhile, Ms Mahmood has warned the ECHR was 'fraying' public confidence in the rule of law because it is out of step with common sense. In a speech at the Council of Europe on Wednesday, she said public trust in the court was 'eroding' because it 'too often protects those who break the rules, rather than those who follow them'. UK ministers are proposing to raise the threshold to make it harder for judges to grant the right to remain based on article 8 of the ECHR, which protects the right to a family life, and article 3, which protects against torture and inhuman or degrading treatment or punishment. There is not just pressure from the UK. Last month, nine EU leaders wrote to the Council of Europe warning that the ECHR was preventing them from deporting foreign criminals. They said European judges were interpreting the ECHR so widely that the 'wrong people' were being protected. This was placing 'too many limitations' on their governments' abilities to deport 'serious violent' offenders and drug dealers. They warned that the ECHR was threatening the safety of citizens because the way it was being interpreted prevented governments from tracking foreign criminals they could not deport. The nine – including Donald Tusk, the former president of the European Council and now the Polish prime minister, and the Italian premier Giorgia Meloni – said the ECHR was also undermining efforts to counter Russia's weaponising of migrants against the EU bloc.
Telegraph
a day ago
- Politics
- Telegraph
Algerian burglar spared deportation after claiming to be gay and trans
A convicted Algerian burglar and robber has avoided deportation after claiming to be gay and transgender. The 27-year-old serial offender, who was granted anonymity by immigration judges, claimed asylum in 2013 which was granted in the same year with leave to remain in Britain for five years. However, over the next seven years, he committed multiple offences including burglary, robbery, theft, assault and hate crime culminating in a four-year three-month jail sentence. Facing deportation, he appealed against his removal which was backed by an upper immigration tribunal on the basis that as a gay man, who 'was and is a transvestite and/or is transgender', he would face persecution if returned to Algeria. The case, disclosed in court papers, is the latest example uncovered by The Telegraph where illegal migrants or convicted foreign criminals have been able to remain in the UK or halt their deportations. On Wednesday, Shabana Mahmood, the Justice Secretary, used a speech in Strasbourg to confirm plans to change the law to tighten the way that judges interpret the European Convention on Human Rights (ECHR). Ministers are proposing to raise the threshold to make it harder for judges to grant the right to remain based on article 8 of the ECHR, which protects the right to a family life, and article 3, which which protects against torture and inhuman or degrading treatment or punishment. Public trust 'eroding' In her speech, Mr Mahmood said the European Court of Human Rights was 'fraying' public confidence in the rule of law because it is out of step with common sense, according to the justice secretary. She said public trust in the court was 'eroding' because it 'too often protects those who break the rules, rather than those who follow them'. After being granted asylum in 2013, the Algerian went on a crime spree over a nine month period which led to convictions for burglary, attempted burglary, threatening behaviour and theft. He was given a warning in May 2015 that he risked deportation if he committed further offences. However, between May 2016 and June 2018 he received eight convictions including for theft. He received a second warning letter in September 2018 following a hate crime, and got another warning in 2019. In 2020, he was found guilty of assault, robbery and breaching a criminal behaviour order for which he was jailed for four years and three months. A year later, he was issued with a deportation order and his refugee status was revoked by the Home Office. But an immigration tribunal heard evidence that homosexuals in Algeria were 'subjected to severe societal disapproval and stigma, and are soft targets for anyone wishing to harass or attack them'. It was told: 'While being homosexual is not in itself illegal, any homosexual or bisexual in Algeria who does not conceal their sexuality is putting themselves at risk of discrimination and persecution, as well as the threat of physical violence. 'Were he to wear women's clothes and make-up, he would certainly draw negative attention to himself, and would likely be subjected to ridicule, hostility and possible harm. 'While there are some transvestites and transgender individuals in Algeria, including a famous transgender boxer, Imane Khelif, and a transgender social media star, Jad Wahbi, they have suffered abuse and harm.' It was claimed he could end up destitute. 'Risk of suicide' Immigration judge Christopher Hanson said: 'I find having considered the evidence as a whole that there is credible evidence MS has severe mental health issues which cannot be properly treated in Algeria which give rise to realistic prospects of a further decline in his mental health condition and serious prospects which might, realistically, increase the risk of suicide. 'In any event, the core finding I make is that the Secretary of State has not discharged the burden of proof upon her to the required standard to show that the conditions that warranted the grant of refugee status to MS previously have changed to the extent that he is no longer entitled to a grant of international protection. 'On that basis he is entitled to rely on an exemption to the order for his deportation from the United Kingdom, as to remove him will put the United Kingdom in breach of its obligations under the Refugee Convention. On that basis I allowed the appeal.'
The Guardian
2 days ago
- Politics
- The Guardian
Pepper spray use in youth prisons irresponsible amid racial disparities, watchdog warns
The rollout of synthetic pepper spray for use to incapacitate jailed children is 'wholly irresponsible' while black and minority prisoners are more likely to be subjected to force than white inmates, a watchdog has said. Elisabeth Davies, the national chair of the Independent Monitoring Boards, whose members operate in every prison in England and Wales, said the justice secretary, Shabana Mahmood, should pause the use of Pava spray in youth offending institutions (YOIs) until ministers had addressed the disproportionate use of force on minority prisoners. 'There is clear racial disproportionality when it comes to the use of force,' she told the Guardian. 'It is therefore, I think, wholly irresponsible to expand use-of-force measures before disproportionality issues are addressed.' Mahmood authorised the rollout of Pava across YOIs in England and Wales in April amid growing demands from the Prison Officers' Association (POA) to protect staff from attacks. The government's 'use of force' evaluation report, published in April, found black prisoners were nearly twice as likely as white prisoners to experience Pava and baton use. Using official data to March 2023, the report found that 409 of every 1,000 black inmates were subjected to use of force, compared with 208.6 per 1,000 white prisoners. Davies urged ministers to hold back on rolling out Pava spray in the youth system until the racial disparities were properly addressed. 'We've got evidence that the growing reliance on visible weapons – such as the rollout of Pava spray in the male youth state and the trial of Tasers in the adult male prison state – is deeply concerning for people with lived experience,' she said. 'Our board members have been told that the visible presence patterns make [prisoners] feel constantly afraid, and that's increasing tension rather than easing it.' According to the IMB's national annual report, released on Wednesday, black prisoners at HMP Elmley on the Isle of Sheppey in Kent were significantly more likely to have force applied to them than white prisoners. At HMP Birmingham, the category B jail once known as Winson Green, there was evidence of 'clear racial disparities in the use of force', despite the diversity of prison staff and the introduction of cultural awareness training. Amid a deepening overcrowding crisis, some prison officers will be trialled with stun guns this summer, while the Conservatives have said some should be given access to live ammunition. It follows an attack on three officers at HMP Frankland by Hashem Abedi, a terrorist involved in the Manchester Arena bombing. Davies said prison officers showed 'remarkable bravery' in challenging conditions but the majority of assaults were actually between inmates. 'We're seeing violence driven by overcrowding, by mental health crisis and rapid drug use,' she said. 'One of the most effective ways to reduce violence is through strong and respectable relationships between staff and prisoners.' Squirted from a canister, Pava spray, or pelargonic acid vanillylamide, causes searing pain and discomfort in the eyes for about 40 minutes and a burning sensation to skin. It was rolled out in men's prisons in England and Wales in 2018. There are three publicly run YOIs and one that is privately run, holding young offenders up to the age of 21. According to government statistics covering 2022, most children in prison were from ethnic minorities. Data obtained in April by the Howard League through freedom of information requests showed that black men were almost three times more likely to be sprayed with Pava than white men in prison, and young black men under the age of 25 were five times more likely to be sprayed than their white counterparts. Responding to Davies, Mark Fairhurst, the national chair of the POA, said IMB members were 'not the ones on the receiving end of life-changing injuries' from violent youths. 'It would be wholly irresponsible of the government not to give my brave colleagues the protections they need when dealing with violence,' he said. 'Using the ethnicity or age of offenders to excuse their violent behaviour is shameful … Nobody should ever enter their workplace and be expected to become a victim.' A Youth Custody Service spokesperson said: 'Pava will only be used as a last resort to protect staff and young people from serious harm, such as violent incidents involving weapons. Staff will receive specialist training, and every use will be closely scrutinised with strict controls in place.'
Times
2 days ago
- Politics
- Times
Could Keir Starmer be just the man to reform the ECHR?
There is no one better suited than Sir Keir Starmer to lead efforts to reform the European Convention on Human Rights. That is not the view of a Labour politician but of Jeremy Hunt, the former Conservative chancellor. Writing in his new book, he points to the prime minister's background as a human rights lawyer who has supported and defended the rights enshrined in the ECHR — making his credentials for reforming it 'impeccable'. Labour MPs and even those who sit around the cabinet table are less certain. Shabana Mahmood, the justice secretary who is leading the UK's case for reform of the ECHR, has told colleagues that even she is unsure of what the prime minister wants to achieve or how far he is prepared to go on changing the 75-year-old convention.
Rhyl Journal
2 days ago
- Politics
- Rhyl Journal
ECHR must be reformed to restore ‘fraying' public confidence
Shabana Mahmood told the Council of Europe in a speech in Strasbourg the ECHR 'must evolve' to respond to new realities. It comes as the Government also seeks to tighten the interpretation of the human rights laws in the UK. On Wednesday, the Lord Chancellor said: 'Across Europe, public confidence in the rule of law is fraying 'There is a growing perception – sometimes mistaken, sometimes grounded in reality – that human rights are no longer a shield for the vulnerable, but a tool for criminals to avoid responsibility. 'That the law too often protects those who break the rules, rather than those who follow them.' 'This tension is not new. But in today's world, the threats to justice and liberty are more complex. They can come from technology, transnational crime, uncontrolled migration, or legal systems that drift away from public consent.' Ms Mahmood told European ambassadors the UK was committed to the ECHR, but that was 'not the same as complacency'. She added that when the application of rights 'begins to feel out of step with common sense', that is where trust begins to erode. Her call for change comes as the Government plans to tighten the use of Article 8 of the ECHR, the right to private and family life, in immigration cases in the UK. This includes cases involving foreign criminals. Under the plans unveiled in the immigration White Paper last month, the Home Office will bring forward legislation to try to reduce the number of people claiming 'exceptional circumstances' under Article 8 to stay in the UK. Ms Mahmood said: 'The right to family life is fundamental. But it has too often been used in ways that frustrate deportation, even where there are serious concerns about credibility, fairness, and risk to the public. 'We're bringing clarity back to the distinction between what the law protects and what policy permits.' She also said judges cannot be asked to solve political problems and so reform must be a 'shared political endeavour' among member states. The Lord Chancellor added: 'The European Convention on Human Rights is one of the great achievements of post-war politics. It has endured because it has evolved. Now, it must do so again.' Following Ms Mahmood's speech, a No 10 spokesman said it should be for Parliament and the Government to decide who has the right to remain in the country. 'We want to ensure the right balance is made in migration cases in relation to the national interest,' the spokesman said. The Lord Chancellor was making a broader point that 'now is the time for countries to work together to ensure the ECHR can evolve to meet the challenges facing modern democracies'. But, he added: 'The Government has been clear that Britain will remain a member of the ECHR, it underpins key international agreements on trade, security, on migration, on the Belfast/Good Friday Agreement.' A Tory spokesman said Kemi Badenoch had been clear that 'we would do whatever is necessary to ensure the supremacy of UK laws, and set a number of clear tests, including the deportation test, and made clear that if necessary, we would leave the ECHR'. But responding to the speech Sacha Deshmukh, chief executive of Amnesty International UK, said that any reform of the ECHR must 'shore up universal protections, not chip away at them'. He said: 'If the UK starts picking and choosing who merits protection from torture, family separation or arbitrary removal, it will undermine not just its moral authority but the rule of law itself, weakening its hand when speaking out against rights abuses abroad.'
