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UK could leave human rights court — Analysis

London won’t rule out quitting the ECHR after it intervened in its immigration policy

The British government won’t rule out leaving the European Court of Human Rights (ECHR) over the decision that blocked a flight that would have taken a group of asylum seekers to Rwanda, Downing Street said on Wednesday. The preparations for another flight have already begun. It could take off after the UK Supreme Court completes a judicial review on the policy. This was something that the ECHR demanded must occur first.

“The judgements relate to individuals… not broader policy,” a spokesman for Prime Minister Boris Johnson told reporters on Wednesday, referring to Tuesday evening’s order by the ECHR to stop the transfer flight.

“We haven’t ruled anything in or out at this stage,”When asked by reporters if Britain had any plans to leave the court, the spokesperson replied that they did not know.

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The flight that was to carry asylum seekers to Rwanda had been scheduled for Tuesday evening from Wiltshire. But, the ECHR stopped it at the last minute. One Iraqi national may have been onboard, according to the court. “fair and efficient procedures for the determination of refugee status” in Rwanda, and said he should not be sent there until the UK Supreme Court could rule on whether the government’s policy is legal. This decision will be made in July.

Rwanda is also a questionably unsafe destination for migrants according to the ECHR. It’s not a signatory country of the European Convention on Human Rights.

Johnson’s government had struck a deal with Rwanda in April, under which the UK would fly illegal immigrants to the African country, where they would await asylum processing. London would pay Kigali £120 million ($148 million) under the arrangement, which Downing Street said would discourage human trafficking and deter illegal crossings. 

Priti Patel (Home Secretary) called the ECHR ruling “disappointing and surprising”He defended Rwanda’s policy “firm” “fair.”

“We believe that we are fully compliant with our domestic and international obligations, and preparations for our future flights and the next flights have already begun,”She spoke in the House of Commons. “We will not accept that we have no right to control our borders,”Elle added.

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Opposition Labour Party denounces the policy. Shadow home secretary Yvette cooper calls it however “shameful”And a “shambles.”After being defeated in the British courts’ fight against the policy, immigration and human rights activists brought it up to the ECHR. 

This court was established to enforce the Human Rights Treaty, which was mainly written by British lawyers and civil servants after the Second World War. If the UK leaves the treaty – and the court with it – London would follow in the footsteps of Moscow, which withdrew in March. Russia indicated that ECHR rulings will only continue to be valid if the Constitution is followed. In September 2022, Russia will cease being a contracting member to the ECHR.

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