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Tag Archives: Common Law

(Alleged) torturers welcome to Britain – just pick up your certificate of immunity

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The lives of high profile war criminals, torturers and despots have just got a little easier. No longer need they strike Britain off the list of destinations when they fancy a foreign jolly out of fear that some officious busybody will spoil their fun by having them arrested for their crimes.

All they have to do is get the Foreign Office to declare them on a “special mission” and they become untouchable. They have immunity, not because the UK Parliament has given them immunity through a statute fully debated and passed by MPs and Peers. Instead a couple of High Court judges have declared they have immunity as part of English Common Law. As such immunity for those on special missions has always been the law.*

The High Court case was prompted by a visit to Britain by Lieut General Mahmoud Hegazy, the director of the Egyptian Military Intelligence Service blamed for the “atrocities” that arose from the crushing of a demonstrators opposing the coup against Mohamed Morsi in July 2013. Hegazy came to Britain in 2015 to meet government ministers, but part of his “official” mission was a visit to a London arms fair, according to the Guardian.

On the face of it the judgment (R (Freedom and Justice Party) v the Foreign Office) – in favour of the Foreign Office position – flies in the face of the Government’s insistence in 2013 that it had the “firm policy of ending impunity for the most serious international crimes and a commitment to the protection of human rights”. On the other hand it does get the Government and state agents such as the police and Director of Public Prosecutions off an embarrassing hook when a torturer or despot comes calling on “official” business.

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Twitter joke and Lord Judge-made law – without the ECHR bits

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It seems that giving the European Convention on Human Rights a good kicking is all the fashion at the moment. One expects the bully-boys of the Conservative Party to give the ECHR a bit of a bashing, aided at times by members of the rival UKIP gang. But when three well-dressed mature gentlemen with fob watches and silver handled canes hoved into view, surely one might have thought the bovver boys would flee, the decent old coves pick up the poor battered fellow, dust him down, press a half crown into his begrimed palm and send him peaceably on his way.

But no. Instead Lords Judge and Sumption and Laws LJ (for it was they) launched their hand-finished Grensons in a few well-aimed kicks at the supine body of law that is Strasbourg jurisprudence then stood back to let the nasty parties finish the job.

Former Lord Chief Justice Lord Judge is latest to give his view and his UCL lecture is here: Constitutional change; unfinished business. Lord Judge’s intervention has given rise to a curious suggestion – that in at least one case, Paul Chambers v DPP, (the Twitter joke trial) barristers deliberately avoided making ECHR Article 10 (freedom of expression) points as they knew he was “unfavourable” to them. Read the rest of this entry

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