UK blocked from deporting 53 terrorists by European human rights laws

There are at least 53 foreign terrorists, including ISIS jihadists, assassins and suspected suicide bombers, who would have been barred from deportation from Britain under European human rights laws, an investigation has claimed.

According to a report by the mail on sundayciting a dossier collected by high-level UK security sources, 53 convicted foreign terrorists are being prevented from being deported by Britain’s continued adherence to the European Convention on Human Rights and its subsidiary court, the European Court of Human Rights.

Despite officially leaving the European Union in 2020, the government of then Prime Minister Boris Johnson decided to remain under the jurisdiction of the European court, which is technically a separate institution of the bloc. However, critics of the court have noted that it is more of a distinction without a difference, as the court shares the same ‘European Quarter’ campus in Strasbourg, France, as well as having the same EU flag and anthem.

The UK’s continued membership has become an increasingly contentious political issue for the ruling Conservative (Tory) party amid the growing crisis of illegal immigrants in the English Channel and the ECHR’s move to stage a last-minute intervention in the summer. past to block a plane containing migrants at an asylum processing center in Rwanda, thus calling into question the government’s core deterrence plan.

now a mail on sunday The investigation alleged that the same European human rights laws were being used to prevent the removal of 53 foreign terrorists, including an ISIS member from Bangladesh who was convicted of trying to recruit terrorists for the radical Islamist group in Birmingham. Sensationally, his deportation was blocked by the ECHR, as it would mean he would be deprived of his free UK healthcare, and this would violate his human rights.

Another example listed is Somali citizen Wahbi Mohammed, who was sentenced to 17 years – but released after 13 – in prison for his role in a failed 2005 London bombing attempt. that killed 52 people in the capital just two weeks earlier.

Mohammed is free to remain in the country with his lawyers, successfully citing an ECHR clause that prevents deportations to countries where a criminal could face inhumane treatment.

Palestinian terrorist Fahad Mihyi, who killed a woman and wounded nine others in an attack on an Israeli flight crew traveling on a bus in central London in 1978 with hand grenades and a submachine gun, is also alleged to have used the ECHR to block his removal from the country.

According to the newspaper, the most common sections of the Convention to block terrorist deportations are Article 3, which prohibits deportations to countries that use torture or other inhuman treatment against prisoners, Article 5, which guarantees the right to liberty and security, and Article 8 , which requires prisoners to maintain the right to private and family life.

It has been suggested that pending legislation, which is currently before Parliament, to establish a UK Bill of Rights could be used to enable British judges to disregard the ECHR on the issue of the deportation of foreign terrorists. However, some have noted that left-wing bias within the British judiciary itself may make such an idea a moot point.

Indeed, British judges have a long history of blocking deportations of foreign criminals and terrorists on similarly dubious grounds. For example, a deportation flight full of mostly Jamaican criminals, including a murderer and a rapist, was blocked in 2020 by British judges because migrants were temporarily denied access to cell phones while in detention.

That same year, a judge in Scotland ruled that a Taliban terrorist should not be sent back to his home country of Afghanistan because he had suffered from Post Traumatic Stress Disorder (PTSD) from his time fighting Western allies. – presumably including British forces – and therefore demanded free medical care in Britain, as he would not have received the same level of care in his homeland.

Commenting on the MoS revelations, Dr. Rakib Ehsan, security analyst at the think tank Henry Jackson Society, said: “It shows that our current laws are simply not fit for purpose.

“Article 3 was a response to the horrors of Nazism. It is appalling that it is now being exploited by foreign terrorists to remain in Britain – including those who have been linked to terrorist groups such as IS and Al Qaeda.”

The Doctor. Ehsan also argued that just because a country does not have comparable standards for health or mental health services to the UK should not be grounds for preventing the deportation of foreign terrorists.

Conservative MP and constitutional lawyer Sir Bill Cash added: “Allowing foreign terrorists to remain in the UK is a monstrous attack on the human rights of the rest of the population.”

Sir Bill said there is “no excuse” for foreign terrorists to remain in the country, saying they “do not deserve protection” under the ECHR.

“The law must be changed to make it clear that those who engage in terrorism have given up their right to use human rights excuses to stay here,” he said.

Follow Kurt Zindulka on Twitter here @KurtZindulka

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