Tuesday 29 March 2011

UK 'should cut links to European Court of Human Rights



The government should cut its ties with the "expansionist" European Court of Human Rights, says a report by a right-leaning think tank.
The Policy Exchange report says the recent row over prisoners' voting rights highlights the issue.
The report, written by a former government adviser, Dr Michael Pinto-Duschinsky, says the UK has become "subservient" to the Strasbourg court.
He says it also ignores the traditional British freedom of the press.
The report claims the 47 Strasbourg judges have "virtually no democratic legitimacy" and are poorly qualified compared to Britain's own senior judges.
Lord Hoffman, a former Law Lord, who wrote the foreword to the report, said Strasbourg has "taken upon itself an extraordinary power to micromanage the legal systems of the member states".
The report says the ECHR is a "virtually unaccountable supra-national bureaucracy".
The row over voting rights for prisoners was sparked by a judgment from the ECHR in 2005.
The court upheld an appeal by convicted killer John Hirst, who said Britain had breached the European Convention on Human Rights by disenfranchising him.
The judgement meant the UK government was forced to allow prisoners to vote but has tried to limit it to those who were sentenced to less than four years in jail.
Blair Gibbs, Head of Crime and Justice at Policy Exchange, said: "Votes for prisoners has brought to public attention the growing conflict between judges and the wishes of our own elected parliament.
'Strayed beyond remit'
"On this issue, judges in Strasbourg have strayed well beyond their remit and have casually trampled on the rights of Parliament and the role of MPs to decide these essentially political questions.
"The public favour such cases being decided in the UK, not by foreign judges sitting in a remote court."

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