European judges vow FIGHT British plan ignores ruling on migrant flights in Rwanda, says it ‘undermines human rights’
- European Court of Human Rights judge warned plans ‘undermine’ human rights
- It is because the government amends the law on illegal migration to ignore the orders of the ECHR
A European judge has warned that the UK government’s plans to ignore their orders will ‘undermine’ human rights.
The senior source in Strasbourg said plans to give Interior Minister Suella Braverman the power to override Rule 39 orders would “undermine” individuals’ rights under the European Convention on Human Rights.
It’s because the UK government is amending the law on illegal migration to the Home Secretary the discretion to disregard interim orders to stop a deportation flight.
TThe orders were used in June last year by a single ECtHR judge to ground the first flight to Rwanda.
The amendments follow a revolt by Tory MPs who demanded that the bill be tightened.
Sources at Senior Strasbourg (photo: European Court of Human Rights) warned that plans to give Suella Braverman the power to override Rule 39 orders would violate individuals’ rights under the European Convention on Human Rights would ‘undermine’
It comes as the UK government is amending the illegal migration law to give the Home Secretary (pictured) the freedom to ignore interim orders to stop a deportation flight
A source reports this to a European court the Daily Telegraph: ‘Under the system of the Treaty, provisional measures [Rule 39] play a vital role in preventing irreversible situations that would prevent national courts and/or the court from properly examining complaints under the Convention and, where appropriate, ensuring that the applicant receives the practical and effective benefit of the treaty rights to which it invokes.
“Failure by a defendant state to comply with interim measures undermines the effectiveness of the right of individual application guaranteed by article 34 and the state’s formal commitment in article 1 to protect the rights and freedoms enshrined in the treaty .’
UK courts will also be unable to issue orders to prevent migrants from being deported on human rights or other grounds.
They are only allowed to stay if they run a “real risk of serious and irreversible harm” in the country to which they are being transferred. All other claims will not be processed until they are evicted.
Ministers claim they are not violating the convention because rule 39 orders are just “internal rules” of the court. Mr Sunak describes them as ‘opaque, dishonest and unjust’.
But Lord Thomas of Cwmgiedd, a former Lord Chief Justice, issued a warning to the government on Thursday, suggesting the bill risks defeat in the Lords.
On BBC Radio 4’s Today programme, he said Rule 39 orders would be ‘a very serious move for the government to consider bringing into effect’.
President of the Bar Association, Nick Vineall KC, told The Mail today: ‘Legislation to allow the UK government to ignore the rulings of a court undermines the rule of law, which is the basis on which national and international legal systems are built. built.’