Sunday, May 18, 2014

Criminals protected by EU Human Rights rules

A wrong righted

The campaign to prevent foreign criminals abusing the law to stay in the UK has secured a major victory


If a foreign criminal commits a crime in this country, it is surely self-evident that Britain should be able to deport the offender. And yet this simple thing has proved oddly difficult to accomplish. Article 8 of the European Convention on Human Rights, enshrined into UK law by the Human Rights Act, permits a “right to family life” to be used as a barrier against deportation – and it has been exploited by bad people in order to remain in the country. Classic examples include the Bolivian man who said that he and his boyfriend owned a cat, and that this helped show their family life together; or the cocaine pusher who was in a 10-year relationship and intended to marry, yet who this newspaper revealed to be a bigamist who had already gone through a marriage ceremony with another woman, and had not divorced.
The Sunday Telegraph has protested against these decisions through its End the Human Rights Farce campaign, and we are happy to be able to declare one major victory. Rocky Gurung, of Nepalese origin, killed an innocent man by throwing him into the Thames. His deportation was blocked by judges on the grounds of his right to a family life – despite the fact that he was an adult, single, without children and living with his parents. His successful appeal became regularly cited by lawyers representing other foreign criminals fighting deportation.
It was this newspaper that exposed the scandal of Gurung's remaining in the UK and, thankfully, we can now report that he has finally been forced to leave. He left in February this year, after a long fight that cost the taxpayer a lot of money. It was a tough effort but one worth making, as relatives of his victim say that it has brought them some comfort. The campaign to end the unreasonable and cynical manipulation of the European Convention continues, thanks to the dogged work of journalists, campaigning MPs such as Dominic Raab, and the Home Office – all united in an effort to strike a more appropriate balance between the rights of criminals and the rights of their victims.


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