Human Rights Trump again

I would have liked to have thought that when Learco Chindamo stabbed head teacher Philip Lawrence in 1995 he lost all his rights. But like the case of sexual predator Mohammed Kendeh, the Human Rights of the criminal have once again trumped those rights of the ordinary law abiding citizen.

 

The High Court has denied the last chance appeal by the Home Office to have him deported to his native Italy.

 

With the overdue and generally positive consistency brought in with the EUCHR in 1998, so too came several situations where the outcome seems downright unfair if not ludicrous.  The case of a murderer should surely be the one situation where the criminal has waived all of his rights. 

 

I am fully aware that we have moved far from the draconian legal procedure which insured justice was carried out “a hand for a hand” and I do not think anyone would suggest we return to that system of judicial administration. But in the same breath it seems a bit rich when we are working so hard to prosecute criminals, that we then turn round to ensure they are entitled a life as peachy and well rounded as that of their victim.

 

It must be remembered that human rights are not a zero sum game. Justice for the Lawrence’s does not mean carrying out an injustice against Chindamo. The basic principle underpinning all contempory Human Rights legislation is that they are fundamental, they are fair and to be applied equally to all members of society. We are all entitled to human rights, whether we are a hardened criminal or a saint, human rights must be upheld in a way with does not discriminate between the two.

 

I am sure this does not help the victims family. Mr Lawrence's family must be feeling desperate, watching from the sideline as Mr Chindamo's right to a family life is protected under section 8 of the ECHR when he entirely ignored the most fundamental right of his victim and the family left behind.

Human Rights sound very good and in theory this kind of application  provides a basis for implementing truly universal human rights across the globe. But it is not easy to swallow in situations of Kendah and Chindamo.