Menu
11/04/2008
Troops' Rights Upheld
A High Court judge has ruled that sending British soldiers on patrol or into battle with defective equipment could breach their human rights.
The shock finding has been made in a test case over Scottish soldier Pte Jason Smith's death in Iraq.
Mr Justice Collins said human rights laws could apply to troops serving abroad and he also ruled the families of those killed in conflict should get legal aid and access to military documents.
However, the Government is appealing against the court's decision on human rights.
The rulings came during a request for military inquest guidelines in a case relating to Pte Smith, 32, from Hawick, in the Scottish Borders, who died of heatstroke in Iraq in 2003.
Lawyers for the Ministry of Defence (MoD) had argued that it was "impossible" to give soldiers on active service "the benefits of the Human Rights Act".
But the High Court ruled service personnel were entitled to some legal protection "wherever they may be".
The decision was a legal defeat for Defence Secretary Des Browne, who also had his bid to ban coroners from using phrases such as "serious failure" in verdicts rejected.
Jocelyn Cockburn, the solicitor for Pte Smith's family, said the court's decision would be of great significance to the relatives of those serving in the armed forces.
Ms Cockburn added that the "parameters" had now been set out for coroners by the judge, with the practice of deleting of names from military documents now being "called into question".
(BMcC)
The shock finding has been made in a test case over Scottish soldier Pte Jason Smith's death in Iraq.
Mr Justice Collins said human rights laws could apply to troops serving abroad and he also ruled the families of those killed in conflict should get legal aid and access to military documents.
However, the Government is appealing against the court's decision on human rights.
The rulings came during a request for military inquest guidelines in a case relating to Pte Smith, 32, from Hawick, in the Scottish Borders, who died of heatstroke in Iraq in 2003.
Lawyers for the Ministry of Defence (MoD) had argued that it was "impossible" to give soldiers on active service "the benefits of the Human Rights Act".
But the High Court ruled service personnel were entitled to some legal protection "wherever they may be".
The decision was a legal defeat for Defence Secretary Des Browne, who also had his bid to ban coroners from using phrases such as "serious failure" in verdicts rejected.
Jocelyn Cockburn, the solicitor for Pte Smith's family, said the court's decision would be of great significance to the relatives of those serving in the armed forces.
Ms Cockburn added that the "parameters" had now been set out for coroners by the judge, with the practice of deleting of names from military documents now being "called into question".
(BMcC)
Related UK National News Stories
Click here for the latest headlines.
19 September 2003
Government publishes annual report on human rights
The government's response to human rights challenges around the world over the last year has published in the Foreign and Commonwealth Office's Annual Report on Human Rights. The human rights situation in Iraq is one of the major elements of the report, and the government has outlined two strands to its human rights policy in Iraq.
Government publishes annual report on human rights
The government's response to human rights challenges around the world over the last year has published in the Foreign and Commonwealth Office's Annual Report on Human Rights. The human rights situation in Iraq is one of the major elements of the report, and the government has outlined two strands to its human rights policy in Iraq.
16 September 2010
NI Bill Of Rights Wins UK Backing
As the Stormont Justice Minister David Ford vowed to reshape the region's justice system to fit the needs of the people of Northern Ireland, human rights commissions across the UK have backed a proposed Bill of Rights for Northern Ireland.
NI Bill Of Rights Wins UK Backing
As the Stormont Justice Minister David Ford vowed to reshape the region's justice system to fit the needs of the people of Northern Ireland, human rights commissions across the UK have backed a proposed Bill of Rights for Northern Ireland.
24 March 2005
Ethiopian army branded ‘murderers and rapists’
The Ethiopian military has committed widespread murder, rape and torture against the Anuak population since December 2003, Human Rights Watch (HRW) said in a report released today.
Ethiopian army branded ‘murderers and rapists’
The Ethiopian military has committed widespread murder, rape and torture against the Anuak population since December 2003, Human Rights Watch (HRW) said in a report released today.
01 October 2015
New Consumer Rights Act For Digital Content Introduced
A new Consumer Rights Act has been introduced covering digital content, giving customers downloading music or buying ebooks new legal rights. The new Act has been created as shoppers increasingly spend money on digital content, with more than £2.8 billion spent on downloaded music, video and games in 2014, up 18% from the previous year.
New Consumer Rights Act For Digital Content Introduced
A new Consumer Rights Act has been introduced covering digital content, giving customers downloading music or buying ebooks new legal rights. The new Act has been created as shoppers increasingly spend money on digital content, with more than £2.8 billion spent on downloaded music, video and games in 2014, up 18% from the previous year.
04 January 2005
Pinochet declared fit to stand trial
Chile's Supreme Court has declared the country's former President, Augusto Pinochet, fit to stand trial on murder and kidnapping charges. General Pinochet, who was arrested in the UK in 1998, has never stood trial for human rights violations during his rule in Chile between 1973 and 1990, despite several high profile cases against him.
Pinochet declared fit to stand trial
Chile's Supreme Court has declared the country's former President, Augusto Pinochet, fit to stand trial on murder and kidnapping charges. General Pinochet, who was arrested in the UK in 1998, has never stood trial for human rights violations during his rule in Chile between 1973 and 1990, despite several high profile cases against him.
-
Northern Ireland WeatherThis Evening and Tonight:Dry with clear skies this evening. Patchy cloud will increase at times overnight, but some clear spells too. Light winds and some patchy shallow mist or fog towards dawn. Minimum temperature 2 °C.
