UK Among 46 Nations to Agree Declaration on European Human Rights Convention Interpretation

Ministers from 46 Council of Europe member states including the UK are scheduled to agree a political declaration on Friday. The declaration is intended to curb how the European Convention on Human Rights is interpreted by European and domestic courts in ways that halt removal and deportation of asylum claimants.

It follows statements that articles 3 and 8 of the convention have been misused by criminals. The Council of Europe oversees the convention, whose ultimate arbiter is the European Court of Human Rights in Strasbourg. The political agreement has been negotiated by member states over the past year in response to concerns over court interpretations.

The declaration is expected to set out clarifications for how the convention should be interpreted by the court and national courts. UK government sources denied that torture victims would be affected by the change. They stated that absolute protections would remain.

The agreement is set to be signed in Chisinau, the Moldovan capital.

Legal experts and human rights organisations described the planned declaration as a grubbily political deal that risked playing into the hands of repressive governments. One professor stated that the declaration sought to interfere with the independence of the judiciary but would be rejected by judges.

A director at the NGO Freedom from Torture said the move would send a dangerous message to repressive regimes. The UN Committee Against Torture expressed concerns last week that efforts to overhaul the convention were undermining the absolute nature of the prohibition of inhuman and degrading treatment.

International law experts including two professors said the declaration appeared to be a signalling exercise to warn courts to back off. They added that without legislative action the agreement was unlikely to have effect at the domestic level.

European ministers will also discuss plans to send thousands of refused asylum seekers to third-country hubs. Discussions about the removal of people who arrived in Europe by irregular routes would take place at a multilateral level, according to the secretary general of the Council of Europe.

The UK government has attempted to set up return hubs. No deals with other countries have been confirmed. A new immigration bill promised in the king's speech on Wednesday includes tightening the application of article 8 of the convention. In a statement, the government said it had been working with neighbours across Europe to take strong action against illegal migration while upholding the rule of law and respecting international standards.