The most important human rights organization in Europe, AFP, on Tuesday called on Britain to abandon a contentious plan to arrest asylum applicants to Rwanda, claiming it raised “major problems” over their freedom and the rule of law.
In a bid by Prime Minister Rishi Sunak to prevent people making the unsafe water crossing to the English across the Channel, the British parliament on Monday passed a bill allowing asylum seekers to be deported to Rwanda to wait for a decision on their programs.
” The United Kingdom government should refrain from removing people under the Rwanda policy and reverse the bill’s effective infringement of judicial independence”, said the Council of Europe’s ( CoE ) Commissioner for Human Rights, Michael O’Flaherty.
O’Flaherty claimed that the bill “raises significant questions about the rule of law in general and the freedom of prison seekers.”
The European Convention on Human Rights was signed by Britain, one of the 46 members of the Council of Europe.
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In this way, the nation is bound by the decisions of the European Court of Human Rights (ECHR ), which is a member of the Council of Europe and upholds the Convention.
The American Liberal government was enraged by the ECHR’s infamous interim measure in June 2022 that blocked an initial bet by the UK to eliminate asylum seekers to Rwanda.
O’Flaherty expressed concern that the new law, “without any previous evaluation of their prison claims by the UK government in the majority of cases,” could lead to people being displaced to Rwanda.
He even warned that the act would significantly hinder UK judges from conducting” the problems brought before them” in full and independent scrutiny.
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– ‘ Binding methods ‘ –
Since it was first proposed in 2022, the Rwanda program has faced legal problems due to the human rights organizations supporting asylum applicants.
In a last-minute pay to prevent flights from taking off, lawyers for asylum seekers was once more charm to the ECHR, a jury of last instance whose decisions are final and uncontested.
The decision is an urgent ruling just issued when the ECHR determines that a plaintiff is in imminent danger of irreparable harm.
English Conservatives have complained that the decisions were “pyjama prohibitions” issued at anti-social hours, but CoE sources claim that they were issued in full compliance with the ECHR’s regulations.
Sunak reiterated on Monday in London that he would not allow” a foreign judge… to prevent us from getting flights up.”
I will always prioritize our national safety, he said, “if it actually comes down to protecting our borders and a membership in a foreign court.”
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While CoE members are bound by ECHR decisions, some members have encountered issues with compliance in new cases.
Turkey has consistently refused to grant orders requiring the release of prisoners whose local studies were deemed cruel.
Gerald Darmanin, the interior minister of France, has pledged to disobey an Court order relocating a Uzbek citizen who has been charged by European authorities as an Islamist extreme.
O’Flaherty lamented that a UK secretary is given the power to choose whether to implement ECHR time measures, yet though” for measures are binding” under UK law.
According to him,” the failure to comply with them undermines the right to personal petitions that the European Convention on Human Rights guarantees.”
