UK ministers face backlash over proposed Council of Europe declaration on asylum deportations
Foreign Secretary Yvette Cooper and Home Secretary Shabana Mahmood prepare to sign political declaration in Chișinău aimed at altering interpretation of European Convention on Human Rights
UK ministers are facing accusations of attempting to weaken legal protections for torture victims as part of a planned Council of Europe declaration. Foreign Secretary Yvette Cooper and Home Secretary Shabana Mahmood are set to sign the agreement in Chișinău, Moldova, with other member states. The initiative aims to alter the interpretation of the European Convention on Human Rights (ECHR) to facilitate the deportation of refused asylum seekers and foreign criminals.
The declaration seeks to curb how the convention is interpreted by European and domestic courts, particularly regarding Articles 3 and 8. The government argues that these articles, which cover the right to live free from torture and the right to family life, have been misused by criminals to frustrate removal and extradition proceedings. Ministers maintain that absolute protections for torture victims will remain intact despite the proposed changes.
Critics, including legal experts and human rights organisations, have condemned the move as a political initiative that risks undermining judicial independence. Professor Eirik Bjorge KC described the declaration as an ignoble attempt to interfere with the judiciary, predicting it would be rejected by judges. Kolbassia Haoussou, director of Freedom from Torture, warned that chipping away at Article 3 sends a dangerous message to repressive regimes around the world.
The UN Committee Against Torture has also expressed concerns that the overhaul undermines the absolute nature of the prohibition of inhuman and degrading treatment. International law experts Professor Veronika Fikfak and Professor Mikael Rask Madsen described the declaration as a signalling exercise rather than a legally binding change, intended to warn courts to back off from current jurisprudence.
The political agreement follows a year of negotiations by member states in response to growing concerns over ECHR interpretations. Cooper, accompanied by Attorney General Richard Hermer, stated that the move reflects a commonsense approach to illegal migration while respecting international standards. The King’s Speech has also promised a new immigration bill to tighten the application of Article 8, coinciding with ongoing discussions about third-country hubs for refused asylum seekers.
