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Iain McKie

Human Rights in danger

The arguments against the Human Rights Act are coming. They will be false
Keir Starmer.

As Michael Gove prepares his attempt to repeal this fundamental act, here’s some myth-busting about what it is, and how it works.
Iain McKie

Big Wullie


JUSTICE is committed to ensuring that human rights are protected and respected by each of the institutions of Government in the UK. Individuals should have a right to an effective remedy in our domestic courts for violation of those rights and, in practice, should enjoy each of the substantive human rights enshrined the European Convention on Human Rights (ECHR) and the UN human rights treaties to which the UK is a party.

I recall asking Justice to intervene when I was granted legal aid to proceed to the UK Supreme Court when the Lord Advocate breached my right to a fair hearing simply by not appearing.

Sadly they were not interested.

So all our courts need to do is tell the lord Advocate not to appear then you cannot argue you have raised a devolution issue.

This is perverse.

Justice Scotland asked to intervene in Robson and were refused.

I do not see any case scenario in Scotland where our courts will allow Justice Scotland to intervene because they are so corrupt.

Lets face it my Nobile Officium shows collusion between the courts and crown office because it was Lord Carloway that told them not to appear to stop me raising a devolution issue.

INDEPENDENT AND IMPARTIAL.................. Please don't make me laugh.

In a recent appeal in 2014 our appeal court said this:

Ultimately the aggrieved prisoner may achieve a remedy from the Strasbourg court which is in itself unenforceable in the UK

Nor are we persuaded that European or human rights material as yet untranslated into domestic legislation

This for me shows we cannot force our courts to accept European Legislation which has not been translated into our own Legislation.

Alex Salmond was right (In the Nat Fraser case) when he said they cannot open prison doors so why do we need them ?
Big Wullie

I should have known better than to expect Justice Scotland to be any different from their partners down South after what they told me in 1985.

Their impression was I had suffered rough but poetic justice and it was unlikely I had committed this robbery.

They done absolutely he haw for me in 1985 why did I expect Justice Scotland to be any different.
Big Wullie

A classic example of what I am saying about not being able to enforce European Human Rights can be found here:

In June 2003 that court decided that Jim's right to a fair trial had been violated Dowsett v UK: Application No. 39482/9Cool that there was a clear breach of Article 6 of the European Convention of Human Rights.

However, the ECHR does not have the powers to order either the quashing of the conviction or a retrial and because an earlier appeal had failed it was the function of the CCRC to refer the case back to the Court of Appeal.

The CCRC in spite of the ECHR's judgement refused to refer the case back basing its decisions amongst other things that they are not interested in whether there had been a breach of Article 6 but whether there was any real prospect of the Court of Appeal rendering the conviction as being unsafe and quashing the conviction.

What use is ECtHR human rights legislation you cannot enforce in your own country ?

Iain McKie

The coming Human Rights debate is one well worth having.

I must presume that should the Tory government decide to move towards a Bill of Rights that Scotland's wishes will be taken into account. Few could argue that there needs to be external monitoring of our justice system and court decisions whether it comes via European legislation or the Supreme Court.

Hopefully the coming debate will succeed in underlining this very need.

The existing Human Rights legislation is surely necessary as is some consistency in accepting it as relevant and implementing and interpreting it. Forum Index -> Test Forum 1
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Sincere thanks to all those who have supported Shirley and challenged miscarriages of justice on this forum.