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Judge warns MoD on poor equipment Judge warns MoD on poor equipment
(30 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, a High Court judge has ruled.
In a test case over Scottish soldier Pte Jason Smith's death in Iraq, Mr Justice Collins said human rights laws could apply to troops serving abroad.In a test case over Scottish soldier Pte Jason Smith's death in Iraq, Mr Justice Collins said human rights laws could apply to troops serving abroad.
He also ruled the families of those killed in conflict should get legal aid and access to military documents.He also ruled the families of those killed in conflict should get legal aid and access to military documents.
The government is appealing against the court's decision on human rights.The government is appealing against the court's decision on human rights.
The rulings came during a request for military inquest guidelines in a case relating to Pte Smith, 32, from Hawick, in the Scottish Borders, who died of heatstroke in Iraq in 2003.The rulings came during a request for military inquest guidelines in a case relating to Pte Smith, 32, from Hawick, in the Scottish Borders, who died of heatstroke in Iraq in 2003.
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". Legal defeat
Lawyers for the Ministry of Defence (MoD) had argued 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 judgement means British soldiers sent abroad have the same human rights as any other British citizens and must be properly equipped when sent into battle Jocelyn CockburnSolicitor The judgement means British soldiers sent abroad have the same human rights as any other British citizens and must be properly equipped when sent into battle Jocelyn CockburnPte Smith's family's solicitor
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.
He also had his attempt to ban coroners from using critical phrases such as "serious failure" rejected.
Jocelyn Cockburn, the solicitor for Pte Smith's family, said the court's decision would be of great significance to the relatives of those serving in the armed forces.Jocelyn Cockburn, the solicitor for Pte Smith's family, said the court's decision would be of great significance to the relatives of those serving in the armed forces.
"The judgement means British soldiers sent abroad have the same human rights as any other British citizens and must be properly equipped when sent into battle," she said."The judgement means British soldiers sent abroad have the same human rights as any other British citizens and must be properly equipped when sent into battle," she said.
"This is not a threat to national security. The result should be improved military procedures - and a better war-fighting force.""This is not a threat to national security. The result should be improved military procedures - and a better war-fighting force."
Ms Cockburn added that the "parameters" had now been set out for coroners by the judge, with the practice of deleting of names from military documents now being "called into question".
'Common sense''Common sense'
Diane Dernie, the mother of L/Bdr Ben Parkinson, from Yorkshire, who lost both his legs as well as suffering a brain injury in a landmine explosion in Afghanistan last year, told the BBC the court's decision was "absolute common sense". Diane Dernie, the mother of L/Bombadier Ben Parkinson, from Yorkshire, who lost both his legs as well as suffering a brain injury in a landmine explosion in Afghanistan last year, told the BBC the court's decision was "absolute common sense".
Scottish soldier Pte Jason Smith died of heatstroke in Iraq
"How can you expect these soldiers to go out and risk everything and give their all and the government to not have any responsibility to ensure their equipment functions correctly and that they are provided with safety equipment?"How can you expect these soldiers to go out and risk everything and give their all and the government to not have any responsibility to ensure their equipment functions correctly and that they are provided with safety equipment?
"This shouldn't have even been up for discussion, it's common sense.""This shouldn't have even been up for discussion, it's common sense."
Mrs Dernie said the government's failed attempt to restrict critical language used by coroners in military inquests had been "ridiculous" and "unacceptable". Scottish soldier Pte Jason Smith died of heatstroke in Iraq
"The right verdict has been arrived at today," she added. Liberty director Shami Chakrabarti said: "This decision makes clear that it is not just the military covenant that protects our forces all over the world.
The MoD confirmed it would be appealing against the ruling that sending British soldiers into battle with defective equipment could breach human rights. "Their fundamental right to dignity and fair treatment must be safeguarded as well."
On the judges rejection of the government bid to stop coroners using critical language, such as "serious failure", the MoD said it had "at no point" attempted to prevent coroners from "undertaking independent investigations and making their findings public". The Liberal Democrat defence spokesman, Nick Harvey, described the court's decision as a "shattering ruling for Des Browne" and said he hoped it would "wake the government up to equipment shortages on the frontline which threaten the lives of our troops".
Mr Browne told the BBC criticisms about poor equipment no longer applied, with his department having "come a long way" in resolving such issues in the "very difficult and challenging environment" into which troops were deployed.
But he confirmed the MoD would be appealing against the ruling that sending British soldiers into battle with defective equipment could breach human rights in order to "clarify" how the law applied.
On the judges rejection of the government bid to stop coroners using critical language, the MoD said it had at no point attempted to prevent coroners from "undertaking independent investigations and making their findings public".