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Judge warns MoD on poor equipment Judge warns MoD on poor equipment
(31 minutes later)
Sending British soldiers on patrol or into battle with defective equipment could breach their human rights, a High Court judge has ruled. Sending British soldiers on patrol or into battle with defective equipment could breach their human rights, High Court judge Mr Justice Collins ruled.
Mr Justice Collins said human rights legislation could apply to military personnel on active service. In a test case over Scottish soldier Pte Jason Smith's death in Iraq, he said human rights legislation could apply to troops on active service.
The ruling could affect the way future military inquests are held. He also ruled the families of those killed in conflict should get legal aid and access to military documents.
An attempt by the government at the same hearing to restrict critical language used by coroners at such inquests was rejected by the court. He also rejected a government bid to restrict critical language by coroners.
The request for inquest guidelines came in a test case relating to Scottish soldier Pte Jason Smith, 32, who died of heatstroke in Iraq. The High Court rulings came during a request for military inquest guidelines in a test case relating to Pte Smith, 32, from Hawick, in the Scottish Borders, who died of heatstroke in Iraq.
Lawyers for the Ministry of Defence had argued that it was "impossible" to give soldiers on active service "the benefits of the Human Rights Act". Lawyers for the Ministry of Defence (MoD) had argued that it was "impossible" to give soldiers on active service "the benefits of the Human Rights Act".
But the High Court ruled service personnel were entitled to some legal protection "wherever they may be".But the High Court ruled service personnel were entitled to some legal protection "wherever they may be".
The decision was a legal defeat for Defence Secretary Des Browne, who also had his bid to ban coroners from using phrases such as "serious failure" in verdicts rejected.The decision was a legal defeat for Defence Secretary Des Browne, who also had his bid to ban coroners from using phrases such as "serious failure" in verdicts rejected.
The MoD was granted permission to appeal against the ruling.