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Rishi Sunak's vow not to allow a “foreign court” to hinder deportation flights to Rwanda is casting doubt on the UK's position in the European Court of Human Rights (ECHR).
Sunak pledged a new treaty with Rwanda and emergency legislation to prevent legal obstacles to the deportation of asylum seekers to Rwanda after the Supreme Court deemed it unlawful.
The likelihood of a challenge by the ECHR remains high, especially given its previous blockage of a flight under the same policy in June 2022.
The prospect of the UK severing ties with the ECHR to push through legislation is now a pressing question.
Exploring the European Court of Human Rights Role
The ECHR, established in 1959, adjudicates on individual or state applications alleging breaches of civil and political rights outlined in the European Convention on Human Rights.
Its judgments are binding on the 46 Council of Europe member states, and it operates independently of the European Union.
Brexit has not affected the UK's relationship with the ECHR or the convention.
ECHR's Involvement in Rwanda Policy
The first deportation flight to Rwanda was halted minutes before take-off in June 2022 following an ECHR judge's ruling.
Legal challenges prompted the ECHR to issue an interim measure, preventing an Iraqi asylum seeker from being sent to Rwanda until the policy's legality was determined in domestic courts.
Contemplating Undermining the ECHR
Sunak, responding to potential ECHR intervention, expressed readiness to take necessary actions against the "expressed wishes" of MPs.
Some ministers, including former home secretary Suella Braverman, advocate for overriding ECHR laws through emergency legislation, emphasizing Parliament's control over illegal migration.
Sunak's willingness to "revisit international relationships" if faced with ECHR challenges signals a potential departure from the court.
Historical Considerations
The UK has previously debated distancing itself from the ECHR amid rising Channel crossings.
The possibility of abandoning the European Convention on Human Rights has caused divisions among senior ministers.
The recent departure of Suella Braverman from her position cited a disagreement over measures to override ECHR legislation to curb small boat crossings.
Exiting the European Convention of Human Rights
While the government currently has no plans to leave, if the proposed treaty and legislation face court obstruction, the UK may reconsider its position, according to a Number 10 spokesperson.
Following Greece and Russia, the UK could join the ranks of countries outside the ECHR, but legal experts argue that leaving this successful international agreement would not address challenges posed by small boat crossings.
In summary, Sunak's stance on deportation flights to Rwanda raises questions about the UK's commitment to the European Court of Human Rights, sparking debates on potential legislative overrides and the country's position within the ECHR.
