Soldiers' human rights victory: A mother's response
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- ITN
Soldiers' human rights victory: A mother's response
The Government has failed in its bid to exclude British soldiers from human rights laws while on the battlefield. A challenge to a court ruling that allows British soldiers to be included in the legislation during battle has been rejected by the Court of Appeal. The case stemmed from comments made by a coroner after an inquest on Private Jason Smith, 32, who died of heatstroke in Iraq in 2003. The coroner said his death was caused "by a serious failure to recognise and take appropriate steps to address the difficulty that he had in adjusting to the climate". The MoD conceded that, because Pte Smith died at a UK base in Iraq, he was covered by European human rights laws. But the MoD rejected the assumption that all UK soldiers posted abroad would be covered by the law - those on the battlefield and outside British camps or hospitals would also be out of jurisdiction. Solicitor Jocelyn Cockburn, who represents the family of Pte Smith, said: "We are absolutely delighted by the outcome which has the logical conclusion that, like all other citizens of the UK, soldiers have the protection set out under the Human Rights Act. "The proposition of the Ministry of Defence that these rights should be removed from them when they are deployed abroad on active service doesn't reflect well on our Government." Armed Forces Minister Bob Ainsworth said: â€Å"We are surprised and disappointed by this judgement. While it does not affect the position concerning Private Smith, it potentially has very serious implications for the ability of our forces â€" and those of our allies - to conduct military operations overseas." The Defence Secretary has been given leave to appeal against the decision in the House of Lords on the condition that the Government pays the cost of the case whether it wins or loses.
ITN | May 18, 2009
