On Thursday, 13 April 2017, the European Court of Human Rights released one of the most anticipated decisions in the Court’s history – the Tagayeva and Others v Russia case. The judgment concerned the siege of the Beslan School, North Ossetia by Chechen fighters in September 2004 and the ensuing rescue operation by the Russian forces. During these tragic incidents, 330 people lost their lives, including more than a hundred children. Almost 180 of the victims were burnt to an extent that the identification of the remains and establishment of the cause of death were impossible.
The purpose of this blog is to summarise the key findings of the Court’s 239-page decision and provide a brief overview of the human rights obligations of states in the context of hostage-taking as discussed by the Court. Although this hostage-taking incident was of an unprecedented scale, terrorist groups have never stopped taking hostages within or outside Europe, and as a result European states have been involved in a number of rescue operations. Therefore, this judgment can help clarify the obligations that states have before, during and after a hostage-taking incident occurs. Continue reading →
By Prof Nicholas Hardwick, Professor of Criminal Justice (Royal Holloway, University of London) and collaborator of the Human Rights Implementation Centre (University of Bristol Law School).
2017 looks set to be a good year for torturers.
Most noteworthy, they have received a glowing endorsement from President Trump. When it was put to him in a recent ABC interview that during his election campaign he had said he would “bring back waterboarding…and a hell of a lot worse” he did not demur. “Would I feel strongly about waterboarding? As far as I am concerned we have to fight fire with fire,” he said. “Absolutely I feel it works”, he went on.
It is true he qualified his remarks by stating that he would defer to the views of his defence secretary, James Mattis, and CIA director, Mike Pompeo, both of whom have said they would abide by the existing prohibition, and it is true there would be formidable political and legal obstacles to overturning the ban on torture. But it cannot be denied that the moral and operational case against torture has been dealt a heavy blow. Torturers worldwide can claim Trump has said torture is acceptable and it works. Continue reading →
The case of Phil Shiner, struck off by the solicitors’ disciplinary panel for the attempted procurement by financial inducements of spurious abuse claims against the British army in Iraq, sadly illustrates that the ‘post-truth’ era has penetrated even the noble cause of human rights (‘Review of Iraq war cases after lawyer struck off’, Guardian, 3 February 2017).
While this episode is, of course, a grotesque aberration, myth, misinformation, misrepresentation, and intellectual tunnel vision, coupled with excessive and unsustainable demands, are, nevertheless, increasingly prevalent in the contemporary movement, and not confined to its opponents as many might suppose. This not only devalues the currency, it also stokes the scepticism towards human rights currently sweeping western states and societies. Continue reading →
By Prof Sir Malcolm Evans, Professor of Public International Law (University of Bristol Law School) and Chair, United Nations Subcommittee for Prevention of Torture.
On Thursday 26th January a debate took place in Parliament* on the ‘shrinking space for civil society’ in international human rights protection. I was recently at a meeting where it was pointed out that this description of the problem – which is much discussed in international circles at the moment – made it sound vaguely as if it was something to do with washing things at the wrong temperature, and meant very little to most people. To the extent that effective human rights protection is based on openness and transparency, which might be summed up in the idea of ‘washing dirty linen in public’, the idea of human rights being ‘shrunk in the wash’ at the moment is not altogether a bad one – but this hardly helps convey the significance of what is taking place and why it matters enough to warrant a debate in Parliament. The reality is that there is something extremely worrying going on in many parts of the world – which is that those who stand up for those in need are themselves increasingly subjected to various forms of attack, including physical attack, for doing so. Continue reading →