Posts Tagged ‘soldiers’


Claire Perry writes in the Salisbury Journal

Claire Perry MP. Picture: thedrum

Claire Perry, the Conservative MP for Devizes in Wiltshire, said in her piece in the Salisbury Journal that:

[at the recent Tory party conference] … there were other important announcements to celebrate including the news that the government will put an end to the vexatious and damaging legal claims against members of the Armed Forces that arise from applying European Court of Human Rights judgements in the battlefield.

It is scandalous that highly trained and professional soldiers have been subjected to vexatious legal claims second-guessing their decision-making and that since 2004, the MoD has spent over £100 million on Iraq-related investigations, inquiries and compensation – money that should be spent on our troops not lawyers.   Salisbury Journal 27 October 2016

The problem with Claire Perry’s piece – largely copied from the statement by the Defence Minister at the conference – is that it is highly selective and largely untrue.  The picture painted is of our soldiers, operating in difficult and extremely dangerous environments, being pursued by lawyers, sorry ‘vexatious lawyers’, on the make.  The reality is quite different.

Firstly, it is part of a consistent and long running campaign by the right-wing media and tabloids against the Human rights Act and the European Court.  They do not like it because it provides protections for ordinary citizens and in particular, against the invasion of privacy by those self-same papers.  So at a party conference, appealing to that part of the media is only to be expected.

But more specifically, to take one element the statement: ‘claims against members of the armed forces …’ gives the impression that the claims are only about the soldiers themselves.  Many of the claims are against the MoD for not taking sufficient or reasonable care of their men.  So one claim for example was on behalf of a soldier who died of heatstroke serving in 50 degrees of heat in Iraq.  There is also the whole business of Deepcut and the soldiers who died there.  Others involve the Army sending men off in insufficiently protected land rovers.

The phrase ‘applying European Court of Human Rights judgements in the battlefield’ is doubly disingenuous.  Firstly, it is the application of the Human Rights Act which is causing the problem.  Adding the ECHR is just to appeal to those who do not like Europe and trying to shift the blame to Strasbourg who often have little if anything to do with it.  ‘Battlefield’ is also slipped in to create the impression of brave soldiers being pursued by lawyers (keep forgetting – vexatious lawyers) with outrageous claims.

What many of the claims are about is how prisoners are treated once they are taken captive, not on the battlefield.  One such claim was a man thrown into a canal in Baghdad and left to drown.  Many others relate to beatings and other mistreatment of prisoners.  If the courts have investigated claims and the MoD has been forced to pay compensation it argues that something is adrift.

Perhaps Claire Perry should ask herself why do we go to war in the first place?  Part of the answer is to promote our values.  We want to promote democracy and the rule of law.  We become involved in part to try and instill those values.  If our soldiers – not on the battlefield but back at base – are mistreating prisoners then those are not our values.  Although there was a lot of nonsense about weapons of mass destruction, one reason we went into Iraq was because Sadam Hussein treated his people abominably.  The results of bad treatment in places like Syria are visible to us every day with the refugee crisis.

It is a great pity that nonsense like this is both written and then published without challenge.

 

 

 

 

 

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Conservatives and right wing press exult over plans to remove the services from the Human Rights Act

The plan by the government to enable the armed forces to derogate from the Human Rights Act have been greeted with great glee by newspapers like the Mail and the Telegraph.  The Conservatives at their annual conference in Birmingham have also been delighted by the announcement by the Defence Minister Michael Fallon.

The media has presented it in a lurid fashion.  Lawyers are described as ‘parasitic’ and ‘money grubbing’; the claims are ‘vexatious’ and that there is an ‘industry’ of people pursuing our soldiers.  The overall impression created by various generals, politicians and elements of the media is of service men struggling to do their best in extremely difficult and dangerous conditions only to find a lawyer presenting them with a summons for entirely spurious reasons (that is, to make money for themselves).  Here is former head of the Army General Dannatt for example in the Daily Mail:

It also frees up soldiers from limitations under the act on their ability to hold detainees, so they can get on with their job. [he] said: ‘I very warmly applaud this imaginative and bold move by the present Government.  It will go some way to reassuring our armed forces personnel that they can operate in future without looking out for lawyers over their shoulder.  Daily Mail [accessed 4 October 2016]

Theresa May said at the conference:

And what we’ve seen is human rights legislation being used to generate all these vexatious claims and troops finding themselves in some difficultly in worrying and concerned about the future as a result of that.

‘So I think it’s absolutely right that the Government should say to our troops: “We are on your side”. (ibid)

The only problem with it is that it is largely untrue.  We have to start by asking why are we at war in the various theatres?  The answer is because we are seeking to put in place civilised values.  We went to Iraq, not just on the spurious grounds that there were weapons of mass destruction, but because Sadam Hussein was a tyrant and abused the rights of many of his subjects.  There were similar reasons in Afghanistan.  Behind our military activities is this belief in a better world and that countries run by despots are not stable or fair on their citizens.  We believe that the democratic process is superior and countries should be run by the rule of law.  The very same people who were cheering in Liverpool are the same folk who talk about ‘British values.’

So if our soldiers are engaged in torture or abusive actions against prisoners, this is contrary to the reason why they are there in the first place and is also contrary to our values.   It is these abusive actions which are the cause of a great deal of the claims made against the MoD.

It is also presented in terms of claims against our service people by foreigners.  In fact, many of the claims are by service people against the MoD.  These claims arise because of poor treatment of soldiers by their commanders on training exercises which can lead to their deaths, for example in the Brecon Beacons.  Or they arise because of inadequate equipment which means service people are needlessly at risk and are injured or lose their lives.  The ill-equipped land rovers in Afghanistan are an example.   These actions are seldom mentioned by the right wing media.

There is something depressing in the glee of the conference goers and sections of the media about the decision.  There seems not an inkling of pride in the fact that we fought a war to defeat tyranny and that afterwards, we were the key players in setting up the Convention of Human Rights in Europe led by a conservative prime minister.  That just seems to have been forgotten.  If there were solid reasons for doing so that would be fine.  But the arguments are selective and ignore the fact that the MoD has paid out something like £20m in compensation, not because the claims were spurious, but because they were genuine.

Will it in fact happen?  The court in Strasbourg may well see things differently as Conor Gearty argues in the Guardian and we may not be successful in the derogation as we hope and as has been promised (The Tories are using the army to take a shot at human rights, 5 Oct 2016).

Also forgotten is the effect this will have overseas.  We are currently watching the horror of Syria with either the Syrians or the Russians deliberately bombing hospitals and civilian targets generally.  If one of the leading architects of the European Convention and one of the members of the Security Council, decides to ignore the actions of some of our soldiers with prisoners, what influence do we have left?

And not a word about our activities in the Yemen where we are supplying weapons to the Saudis to enable them to carry on a terrible war there.

The last word goes to Liberty:

The Convention on Human Rights isn’t just a document whose origins lie in the brutal lessons of 20th century wars.  It is directly relevant today. Our Government has a duty not only to implement it during its own military operations, but to uphold its standards as an example to others – both friends and foes. 

To save the Ministry of Defence from the shame of having to admit that civilians suffered abuse on its watch, ministers are prepared to rob our soldiers of this sensible legal framework that both clarifies their use of force and offers them redress when their own rights are breached.  For a supposedly civilised nation, this is a pernicious and retrograde step that will embolden our enemies and alienate our allies.

 


Conor Gearty’s book On Fantasy Island, published by OUP has just been published

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