Pupil Barrister

Tag: Human Rights (Page 3 of 40)

When Defending Human Rights, We Must Tell Pragmatic Stories That Appeal To Self Interest

The idea of human rights being valuable in themselves doesn’t wash with a lot of people. Instead, they want to see a practical benefit to rights. Seeing horrible people benefit from the same rights as the rest of us undermines people’s support for such rights.
I worry about this a lot.
This attitude is particularly apparent this week due to the horrific knife attack in Streatham, which mirrored the awful murders at the Fishmonger’s Hall in December. In both cases the perpetrator had been released from prison following a conviction for terrorism, and so now there is discussion about retrospectively changing the release and parole procedures for such criminals. Continue reading

Would You Hand The Proroguing Power to Labour’s Hard Left?

Jolyon Maugham QC is the director of the Good Law Project, who has co-ordinated several of the big Brexit-related court cases, including the Cherry and Miller cases currently at the Supreme Court.
Interviewed on the Remainacs podcast earlier this week, Maugham pointed out that many of the people who cheered on Boris Johnson’s dodgy prorogation of parliament would not be at all happy to see the same power in the hands of a political opponent. What would Jeremy Corbyn do with the power to shut down parliamentary scrutiny when it got too inconvenient?
Well, the recent hullabaloo at the Labour Party conference in Brighton demonstrates that there are plenty of people in the Labour party who share the anti-democratic instincts of Boris Johnson and Dominic Cummings. Continue reading

‘That Bastard Pardon’ –Writing on Myanmar Journalists for the New Statesman

Wa Lone and Kyaw Soe Oo, the two Reuter’s journalists unjustly imprisoned in Myanmar, have been released.
I have written a short piece for the New Statesman, commenting on how presidential pardons do nothing to tackle the underlying injustice, and perpetuate the chill on freedom of expression.

Pardons have a particular place in judicial systems. There may be unusual circumstances where a person has indeed broken the law, but the sentence imposed is inappropriate. A pardon asserts that the conviction was correct, but alleviates the punishment.

That is wholly unsatisfactory in cases where the law has been abused, as it was in the case of Wa Lone and Kyaw Soe Oo. Although they are out of prison, there has been no acknowledgement by the state that the convictions were a clear miscarriage of justice. In fact, the pardon reasserts the just opposite – that there was nothing wrong with the imprisonment.

Read the whole thing on the New Statesman website. Continue reading

Shamima Begum: We’re Being Played By ISIS and the Tories

The Shamima Begum story keeps on rumbling, in part because ordinary folk like thee and me keep blogging about it. This is my third post in a row about the controversy.
But the main reason it persists is because it suits the media and the politicians to keep the argument going. The question of whether to facilitate Ms Begum’s return to the UK or to revoke her citizenship, is perfectly polarising, which makes it ideal click-bait. Every news item on each fresh new interview, and every clipped soundbite from presenters and politicians on LBC gathers angry comments. Perfect ‘engagement’ for the algorithms. Continue reading

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