The UK government has been accused of attempting to dilute legal protections for torture victims as ministers from 46 nations, including the UK, prepare to make it easier to deport refused asylum seekers and foreign criminals. Yvette Cooper, the foreign secretary, is expected to agree a "political declaration" on Friday with other members of the Council of Europe, which oversees the European Convention on Human Rights (ECHR).
Declaration Aims to Curb Court Interpretations
The declaration is designed to limit how European and domestic courts interpret the convention to halt removals and deportations of asylum claimants. This follows claims from Cooper and Home Secretary Shabana Mahmood that Articles 3 and 8 of the convention—the right to live free from torture and the right to family life—have been misused by criminals. Legal experts and human rights organizations have reacted sharply, labeling the move a "grubbily political deal" that risks empowering repressive governments.
Expert Criticism
Prof Eirik Bjorge KC, author of Courts as Faithful Trustees: Domestic Application of the ECHR, stated: "There is nothing principled about the Chisinau manifesto; it is a grubbily political initiative. Seeking to water down by political means the most fundamental guarantee in the ECHR, the absolute prohibition in Article 3, is ignoble and unlikely to have any effect on the jurisprudence of the Strasbourg court. The initiative seeks to interfere with the independence of the judiciary and will be rejected as such."
Kolbassia Haoussou, a director at Freedom from Torture and a torture survivor, added: "The UK has long prided itself on fairness, compassion, and upholding the rule of law. Chipping away at Article 3 would not just undermine that reputation but send a dangerous message to repressive regimes around the world that even the most fundamental protections can be bargained away. Every safeguard dismantled today will be a gift to those who seek to abuse power tomorrow."
Government Defense
UK government sources denied that torture victims would be affected, asserting that "absolute protections" would remain. Cooper will sign the declaration in Chișinău, Moldova, alongside Attorney General Richard Hermer. The declaration is expected to clarify how the ECHR should be interpreted by the European Court of Human Rights in Strasbourg and by national courts.
The political agreement has been negotiated over the past year in response to concerns about court interpretations. The government claims serious criminals have exploited the system to avoid deportation and extradition, and abused family rights under Article 8. International law experts, including Prof Veronika Fikfak of University College London and Prof Mikael Rask Madsen of the University of Copenhagen, described the declaration as a "signalling exercise" to warn courts to "back off." They noted that states could have sought an advisory opinion from the court on migration protections but chose not to, suggesting the declaration is largely symbolic.
Broader Context
European ministers will also discuss plans to send thousands of refused asylum seekers to third-country hubs. Alain Berset, secretary general of the Council of Europe, confirmed that discussions on removing irregular arrivals would occur "at a multilateral level." Starmer's government has pursued "return hubs" following the rise of Reform UK in polls. Mahmood told MPs in November that the Home Office was in "active negotiations" with several countries, though no deals have been confirmed. The King's Speech on Wednesday promised a new immigration bill to tighten the application of Article 8.
In a statement, Cooper said: "We have been working with neighbours across Europe to ensure that countries can take strong action against illegal migration, control borders, uphold the rule of law, and respect international standards. The ECHR has protected democracy, human rights, and the rule of law across Europe for 75 years. To ensure this continues, we need a commonsense approach that reflects the realities of today."
