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Human Rights Brigade interfering in British Justice again

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Human Rights Brigade interfering in British Justice again

Post  Panda on Tue 9 Jul - 7:30

9 July 2013 Last updated at 00:05 Share this pageEmail Print Share this page

457ShareFacebookTwitter.European Court to rule on Jeremy Bamber life term Jeremy Bamber's appeal is being heard with that of two other men Continue reading the main story
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The European Court of Human Rights is due to rule on whether murderer Jeremy Bamber and two other killers should have their life sentences reviewed.

Bamber, along with serial killer Peter Moore and Douglas Vinter, argue that the whole life tariff is "inhuman".

The court has previously ruled that such sentences do not violate a prisoner's human rights, but the matter was referred to its grand chamber for the final say.

The ruling is expected at 09:30 BST.

The three men are among a group of 49 people in England and Wales who are serving whole life tariffs.

This means they cannot be released other than at the discretion of the justice secretary on compassionate grounds - for example, if they are terminally ill or seriously incapacitated.

They claim that being denied any prospect of release amounts to "inhuman and degrading" treatment and this is a violation of Article 3 of the European Convention on Human Rights.

They say they should be entitled to have their tariffs reviewed.

Continue reading the main story
What is a whole life tariff?
Offenders who receive a whole life tariff cannot be released other than at the discretion of the justice secretary on compassionate grounds - for example, if they are terminally ill or seriously incapacitated
They are not eligible for a parole review or release
However, prisoners can have their sentence reduced on appeal
The sentence is reserved for offenders judged to be the most dangerous to society
49 people are currently serving whole life tariffs
These include the Yorkshire Ripper Peter Sutcliffe and Moors Murderer Ian Brady
Serial killer Rosemary West is the only women currently serving a whole life sentence
The most recent murderers to receive the sentence are Mark Bridger, who killed five-year-old April Jones, and Dale Cregan who murdered two police officers

The case was referred to the grand chamber after the men narrowly lost their first European Court hearing in 2012: three of the seven judges ruled in their favour.

The court's first ruling concluded that the men's sentences were not "grossly disproportionate".

Bamber was jailed for murdering five members of his family in Essex in 1985.

He has always protested his innocence and claims his schizophrenic sister Sheila Caffell shot her family before turning the gun on herself.

Moore killed four gay men for his sexual gratification in north Wales in 1995.

In 2008, Vinter, from Middlesbrough, admitted killing his wife Anne White. He had been released from prison in 2005 after serving nine years for murdering a colleague.

Last year, the Court of Appeal in London upheld the principle of whole life sentences for the most dangerous of offenders, saying it did not breach human rights.

At the time, the Lord Chief Justice said jail without the possibility of release should be "reserved for the few exceptionally serious offences".

He said judges must be convinced those sentenced to whole life need to be held forever for punishment and retribution.

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Re: Human Rights Brigade interfering in British Justice again

Post  AnnaEsse on Tue 9 Jul - 11:28

In the USA there are people who were minors when they committed crimes, sentenced to life in prison without the possibility of parole.

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Re: Human Rights Brigade interfering in British Justice again

Post  Panda on Tue 9 Jul - 17:50

AnnaEsse wrote:In the USA there are people who were minors when they committed crimes, sentenced to life in prison without the possibility of parole.

The Court has found that these 3 Men have the right to question their incarceration because Britain gave up the "Life" sentence in 2003 to comply with EU
Human Rights Law. Apparently their cases can be reviewed but not necessarily mean they will get a release date.

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Re: Human Rights Brigade interfering in British Justice again

Post  Panda on Tue 9 Jul - 19:25

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Home»News»UK News»Law and OrderEuropean court ruling: authors of Human Rights treaty would be 'turning in their graves'
Chris Grayling, the Justice Secretary, has reacted with fury after the murderer Jeremy Bamber won a controversial human rights victory at Strasbourg, suggesting the original authors of the treaty would be "turning in their graves".
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560
315
TelegraphPlayer_10168876.
By David Barrett, Home Affairs Correspondent
12:45PM BST 09 Jul 2013
527 Comments
The European Court of Human Rights said "whole life" jail tariffs amounted to "inhuman and degrading treatment" of Bamber and two other murderers who brought the appeal.

The ruling will step up demands for Britain to leave the human rights convention, which is enshrined in domestic law in the Human Rights Act.


Mr Grayling said: "The British people will find this ruling intensely frustrating and hard to understand.

"What the court is saying is that a judge can no longer tell the most appalling criminals that they will never be released.

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"I think the people who wrote the original Human Rights Convention would be turning in their graves at this ruling.

"I profoundly disagree with the court and this simply reinforces my determination to curtail the role of the court of human rights in the UK."

Strasbourg's decision opens the door for further appeals by other prisoners serving life tariffs, including some of the most notorious killers in modern British history.

The Government will now have to amend the law to ensure it complies with human rights legislation, or face challenges for release or compensation claims.

David Cameron was "very, very disappointed" and "profoundly disagrees" with the court's decision, the Prime Minister's official spokesman said.

Bamber, 52, was jailed for murdering five members of his family in Essex in 1985.

He has always protested his innocence and claims Sheila Caffell, his schizophrenic sister, shot her family before turning the gun on herself.

Bamber brought the appeal with Douglas Vinter, from Middlesbrough, who admitted killing his wife Anne in 2008, and Peter Moore, who killed four gay men in North Wales in 1995.

The ruling does not give the three murderers any prospect of imminent release because the court had not heard any evidence on whether they still presented a danger to the public.

The men claimed keeping them in jail forever with no prospect of release was a breach of Article 3 of the European Convention on Human Rights - which prohibits torture and "inhuman or degrading treatment or punishment" and was drawn up in the wake of the atrocities seen in the Second World War.

The Strasbourg court’s Grand Chamber said in its ruling: “The court ... found that the current law concerning the prospect of release of life prisoners in England and Wales was unclear.

“Given this lack of clarity and the absence of a dedicated review mechanism for whole life orders, the court was not persuaded that, at the present time, the applicant’s life sentences were compatible with Article3.”

It suggested there was "clear support" in other European countries, and further afield, for life sentences to be reviewed after 25 years. Any changes to the law are likely to have to focus on introducing a right of appeal at that stage, said Dr Rebecca Niblock, a criminal law expert with London-based solicitors Kingsley Napley.

Currently 49 killers are serving whole life tariffs, including Peter Sutcliffe, the Yorkshire Ripper; Ian Brady, the Moors murderer; and Rosemary West, the “House of Horrors” serial killer.

Bamber and the two other killers lost an earlier appeal to Strasbourg in January last year but that decision has now been overturned in a surprise decision by the Grand Chamber. The Government cannot appeal.

Vinter's lawyer Simon Creighton said the ruling could not be used as a "get out of jail free" excuse for life-term prisoners.

"It's very important that the court have recognised that no sentence should be once and for all and there should always be some right to look at some sentences again in the future," he said.

"They have not said that anyone must be released, what they have said is that it must be reviewed."

He said there were "very careful" safeguards in place which must be passed before prisoners can even be considered for release.

"It's now for the Government to respond," Mr Creighton said. "My client will look forward to their response with interest."

Under current law, whole life tariff prisoners will almost certainly never be released from prison because their offences are deemed to be so grave.

They can be freed only on compassionate grounds by the Justice Secretary if they are terminally ill or seriously incapacitated.

David Blunkett, the former home secretary who introduced the life tariff system which is now in question, said: "In 2003 we changed the law so that ‘life’ really meant life when sentencing those who had committed the most heinous crimes.

“I pushed this through Parliament in response to the overwhelming demand of the British people for clear, transparent sentencing and for certainty that what starts out as a clear and unambiguous punishment will in the end be carried out.

“Whatever the technical justification the Strasbourg court may have, it is the right of the British Parliament to determine the sentence of those who have committed such crimes, and for democracy - which chose such a sentence many years ago as an alternative to capital punishment - to have the will of the people implemented.

“To do otherwise can only lead to disillusionment, mistrust of, and a dangerous alienation from, our democracy itself.”

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Re: Human Rights Brigade interfering in British Justice again

Post  kitti on Tue 9 Jul - 20:46

Why don't we just not Imprison murderers etc and pack them all off to Brussells.

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Re: Human Rights Brigade interfering in British Justice again

Post  Panda on Wed 10 Jul - 3:25

Calls grow to boycott 'toxic' human rights court
A major revolt against Europe’s influence over British affairs was triggered tonight after judges in Strasbourg ruled that “life means life” sentences given to the most heinous criminals breach their human rights.

Jeremy Bamber, who killed five members of his family in 1985
By David Barret, Home Affairs Correspondent
10:00PM BST 09 Jul 2013
126 Comments
The European Court of Human Rights agreed that a “whole life” tariff, which forces murderers to die in jail, was “inhuman and degrading” after an appeal was brought by Jeremy Bamber, who killed five members of his family in 1985.

The court proposed that those serving life with no possibility of parole should have their cases reviewed after 25 years, following which they could be freed.

The decision means that prisoners serving whole life tariffs, including some of Britain’s most notorious killers such as Peter Sutcliffe, the Yorkshire Ripper, and Ian Brady, the Moors Murderer, could be granted permission to seek parole.

The ruling prompted a furious reaction from the Prime Minister, the Home Secretary and the Justice Secretary. But ministers have no right of appeal against the ruling and the Government has six months to act upon the decision.

David Cameron said that he was “very, very disappointed” and “profoundly disagrees” with the court’s decision.

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Chris Grayling, the Justice Secretary, said the original authors of the human rights laws, which were drawn up in the Fifties to avoid a repeat of atrocities witnessed during the Second World War, would be “turning in their graves”.




One Conservative MP, reflecting widely held views on the Tory back benches, said that Strasbourg’s “toxic” and “perverse” decision strengthened the case for Britain to pull out from the European court and even leave the human rights convention altogether.

Bamber, 52, won the case alongside two other murderers serving whole life terms: Douglas Vinter, who stabbed his wife to death less than three years after being released from jail for a previous murder; and Peter Moore, a serial killer.

Mr Grayling said: “The British people will find this ruling intensely frustrating and hard to understand.

“What the court is saying is that a judge can no longer tell the most appalling criminals that they will never be released.

“I think the people who wrote the original human rights convention would be turning in their graves at this ruling. I profoundly disagree with the court and this simply reinforces my determination to curtail the role of the court of human rights in the UK.”

Dominic Raab, the Conservative MP who is campaigning for human rights reform, said: “This is another nail in the coffin of the Strasbourg court’s reputation.

“It highlights the need to overhaul our human rights laws, and insulate Britain from such perverse and arbitrary European rulings. It shows the warped moral compass of the Strasbourg court that it allows three brutal murderers to sue Britain for 'inhuman treatment’ for jailing them for life to protect the public.

“It is a gross distortion of the European Convention, an attack on the UK’s democratic right to set its own criminal justice policy, and toxic for the reputation of human rights with the public.”

Paul Bone, the father of Pc Fiona Bone whose killer, Dale Cregan, was given a whole life tariff last month, said: “I feel quite disgusted by this. In the dim and distant past we were told life would mean life, but it has been degraded ever since."

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