05 Jan 2007

Derbyshire Police have revealed that although two convicted murderers are among 13 inmates who absconded from Sudbury open prison since November 2006, they would not publish the photos of the men due to factors including their human rights protections.

In response, Liberty Director Shami Chakrabarti said:

"Nothing in the Human Rights Act prevents publishing pictures to capture a fugitive - on the contrary, the rights of potential victims may create an obligation to do so. But ultimately this must be an operational policing decision, not a political one. There is a difference between naming and shaming versus the necessity of a manhunt."

The Lord Chancellor has also dismissed the suggestion that the Human Rights Act prevented the publication of the photographs of the two murderers as "absolute nonsense.”

Contact Jen Corlew on 0207 378 3656 or 0797 3 831 128

NOTES TO EDITORS

1. In September 2006, Liberty secured an inquest on behalf of Mrs. Verna Bryant, who argued that her daughter Naomi’s right to life was violated when she was murdered by violent sex offender Anthony Rice after he was released early from custody on licence. Liberty and Mrs. Bryant are pursuing remedies against the government using the Human Rights Act.

2. In July 2006 Liberty welcomed new Government plans to publicly support and strengthen the implementation of the Human Rights Act 1998 after the Department of Constitutional Affairs reported that the Act has had a positive impact on UK law and policy but suffers from negative public misconceptions. The DCA’s proposals include:

• to inform the public about the Act’s benefits for ‘ordinary people’

• to review police, probation, parole and prison services to secure a balance between public protection and individual rights

• to provide training and guidance on human rights in Government departments.

3. The myth that convicted murderer Dennis Nilsen had been able to obtain hard-core pornography in prison by citing his “right to information and freedom of expression” under the Human Rights Act is often cited as the leading example of a bad decision made as a result of the Act. However, Dennis Nilsen’s application was refused by the single judge at the permission stage. He did not establish that there was any arguable case that a breach of his human rights had occurred, nor that the prison’s rules were discriminatory. He also failed to receive any greater access to such materials as a result.

4. Many human rights’ cases have involved victims challenging Governments for gross failures to protect them. For example, until one brave woman sued the British Government at the European Court of Human Rights, rape victims in England were subject to lengthy cross-examination in person by men who were alleged to have violated them. As a result of a judgment protecting her right not to be subject to “inhuman and degrading treatment”, the law in this country was changed. Please contact jenc@liberty-human-rights.org.uk for Liberty’s compilation of human rights cases and examples.

5. Liberty’s “The Human Rights Act – exploding the myths” is available on www.liberty-human-rights.org.uk