Campbell Welcomes Landmark Battlefield Rights Case (North Tayside Liberal Democrats)

North Tayside Liberal Democrats <info@libdems.org.uk>

Campbell Welcomes Landmark Battlefield Rights Case

May 19, 2009 9:58 AM
Originally published by Scottish Liberal Democrats

Member of Parliament for North East Fife Sir Menzies Campbell has welcomed the ruling by the Court of Appeal yesterday (Monday) that the Human Rights Act applies to British troops at all times, even when they are on patrol or in battle.

The ruling means the Ministry of Defence has a legal duty to provide adequate equipment for British troops.Menzies Campbell MP: North East Fife

Commenting on the landmark ruling, Sir Menzies said:

"Many people will be shocked to realise members of our Armed Services are not protected by the Human Rights while on active service.

"Our serving personnel understand and accept the fact they face considerable risks when going into combat overseas. They wouldn't sign up otherwise. Equally, their commanding officers make decisions based on operational priorities but also on the need to minimise risk to their troops.

"The Government has a duty of care to our Armed Forces and providing adequate equipment forms part of that responsibility. This ruling, if applied with commonsense, should improve standards in this area and provide recourse for servicemen and women and their families if standards slip. It need not impact upon our overall defence objectives."

Notes;

The Court of Appeal dismissed a Government appeal by deciding the Human Rights Act can apply to British troops, even on the battlefield. They are currently only covered while on base. The ruling also said inquests had to be more wide-ranging and families should be able to access legal aid.

The rulings centred on a case brought by the family of Pte Jason Smith, who died of heatstroke while serving with the Territorial Army in Iraq in 2003. The MoD had accepted the Human Rights Act applied to Pte Smith because he died on a British military base but in a judgement in 2008 Mr Justice Collins ruled more widely that the MoD had an obligation to avoid or minimise risks to the lives of its troops wherever they were serving - even while on patrol or in battle. Otherwise it risked breaching 'the right to life' enshrined in the European Convention on Human Rights. The Mod appealed, stating the judgement raised questions over sending troops into combat abroad because absolute protection could never be guaranteed on the battlefield.

The MOD can now appeal to the House of Lords.