Plenty of Sharp-bait in the media this morning. David Cameron will give a speech today criticising the European Court of Human Rights, for going against the laws and judicial decisions of Council of Europe countries.
I’ve argued before, in a post on paedos and prisoners, that in the human rights framework, a judgement that frustrates the populist sentiment is a feature, not a bug. The case of Abu Qatada is cited as an example of a problem, but I see it as the system working well. The man (odious as he may be) hasn’t had a proper trial, and the European Court pointed this out. What’s wrong with that?
The response from the reactionaries is “he doesn’t deserve a fair trial”. This implies a two-tier system of liberty and justice, an Us-and-Them approach which eventually dehumanises certain groups. We need an effective justice and security system to provide some protection against violence and extremism. But it has to apply a consistent set of rules and procedures if it ismto woeffort perky. And we also need an external court of human rights, to protect us from the careless elements in our own society, who are happy to dispense with due process whenever it is not to their taste. it’s a shame that our Prime Minister is pandering to these “careless elements” and I hope the other party leaders, Nick Clegg and Ed Miliband, do not follow suit.