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MoD loses battlefield rights case MoD loses battlefield rights case
(40 minutes later)
Judges have thrown out a government appeal by deciding that the Human Rights Act can apply to British troops, even on the battlefield.Judges have thrown out a government appeal by deciding that the Human Rights Act can apply to British troops, even on the battlefield.
The ruling the MoD appealed said the 'right to life' meant they had a legal duty to provide adequate equipment. The judgement the MoD appealed against said "right to life" meant it had a legal duty to supply proper equipment.
The rulings centred on a case brought by the family of Pte Jason Smith, who died of heatstroke while serving with the Territorial Army in Iraq in 2003.The rulings centred on a case brought by the family of Pte Jason Smith, who died of heatstroke while serving with the Territorial Army in Iraq in 2003.
However, the MoD has been given leave to appeal again, to the House of Lords.However, the MoD has been given leave to appeal again, to the House of Lords.
The Court of Appeal ruling also said inquests had to be more wide-ranging and families should be able to access legal aid. The earlier High Court ruling - upheld by the Court of Appeal's decision on Monday - had also said inquests of military personnel had to be more wide-ranging and families should be able to access legal aid.
Pte Smith's mother Catherine said she was "overwhelmed" with the verdict, and was angry at the MoD for going so far to fight the case.Pte Smith's mother Catherine said she was "overwhelmed" with the verdict, and was angry at the MoD for going so far to fight the case.
Judicial review The state must make reasonable efforts to provide protection to soldiers wherever they are - when we're sending them to fight on our behalf, that's the very least we can do Jocelyn CockburnSolicitor for Pte Smith's mother class="" href="/1/hi/scotland/south_of_scotland/8052368.stm">Differing views of soldier death
"I feel I have done something to protect the young lads that are coming in [to the forces] now," she said.
Armed Forces Minister Bob Ainsworth said they were "surprised and disappointed" by the judgement.
"While it does not affect the position concerning Pte Smith, it potentially has very serious implications for the ability of our forces - and those of our allies - to conduct military operations overseas."
He said they were studying the judgement and and considering whether to appeal to the House of Lords.
They would, in the meantime, await a date for a fresh inquest into the death of Pte Smith and would "as usual offer the coroner our full co-operation", he added.
'No guarantees'
The MoD had argued the European Convention on Human Rights (ECHR) could not be guaranteed in certain situations.The MoD had argued the European Convention on Human Rights (ECHR) could not be guaranteed in certain situations.
"The Ministry of Defence has argued consistently that in the heat of battle during dynamic and fast moving military operations on foreign territory, the UK could not secure the rights and freedoms which the ECHR seeks to guarantee," a spokesman earlier said. It said that in the heat of battle, the UK "could not secure the rights and freedoms which the ECHR seeks to guarantee".
The ruling could lead to more families wishing to sue the MoD for negligence. The ruling by three judges, headed by Master of the Rolls Sir Anthony Clark, could lead to more families wishing to sue the MoD for negligence.
However Jocelyn Cockburn, solicitor for Pte Smith's mother Catherine, said the case was never about opening the door to legal actions and compensation claims, but was about human rights.
Permission to appeal again was granted to the MoD on condition that the secretary of state for defence paid the legal costs whether they won or lost.
The legal process began with a judicial review requested by Pte Smith's family, following the inquest into his death.The legal process began with a judicial review requested by Pte Smith's family, following the inquest into his death.
The MoD accepted that the Human Rights Act applied to Pte Smith, as he died on a British military base.The MoD accepted that the Human Rights Act applied to Pte Smith, as he died on a British military base.
The court's ruling could have significant implications for the UK's military operations abroad Caroline WyattBBC Defence Correspondent Differing views of soldier death
However, in a judgement last April, Mr Justice Collins ruled more widely that the MoD had an obligation to avoid or minimise risks to the lives of its troops, wherever they were serving - even while on patrol or in battle.However, in a judgement last April, Mr Justice Collins ruled more widely that the MoD had an obligation to avoid or minimise risks to the lives of its troops, wherever they were serving - even while on patrol or in battle.
Otherwise, he said it risked breaching the "right to life" enshrined in the ECHR.Otherwise, he said it risked breaching the "right to life" enshrined in the ECHR.
The MoD appealed amid fears that the judgement raised serious questions over sending troops into combat abroad, because absolute protection could never be guaranteed on the battlefield. The MoD appealed amid fears that the judgement raised serious questions over sending troops into combat abroad.
Speaking before the ruling on Monday BBC Defence Correspondent Caroline Wyatt said: "The court's ruling could have significant implications for the UK's military operations abroad, and the legal extent of the MoD's duty of care to British forces serving on operations in Afghanistan and elsewhere.
Lawyers for Pte Smith's family had said if the MoD lost its appeal, it would be forced to provide better protection for troops abroad - and be more open at inquests into the deaths of British servicemen and women.
'Common sense''Common sense'
Jocelyn Cockburn, solicitor for Pte Smith's mother Catherine, said the MOD's position - that soldiers were covered by the Act only while on base - was confusing: Lawyers for Pte Smith's family had said if the MoD lost its appeal, it would be forced to provide better protection for troops abroad - and be more open at inquests into the deaths of British servicemen and women.
"If we're successful today that will create certainty in the law for soldiers when they are sent out to fight on our behalf - and that is absolutely essential, both for soldiers and commanding officers who are responsible for them. Speaking outside the Court of Appeal, Ms Cockburn said the "right decision" had been made.
"Catherine Smith's argument is simple - and that is, our soldiers are covered by the Human Rights Act wherever they are in the world at all times". "It's a very basic thing that the state must make reasonable efforts to provide protection to soldiers wherever they are, and when we're sending them to fight on our behalf, that's the very least we can do".
She added: "The proposition of the Ministry of Defence that these rights should be removed from them when they are deployed abroad on active service doesn't reflect well on our government."
She said earlier that success in their case would "create certainty in the law" for soldiers when they are sent out to fight, which she said was "essential" for soldiers and commanding officers.
But Labour MP and former army major, Eric Joyce, said it was an impossible aim.But Labour MP and former army major, Eric Joyce, said it was an impossible aim.
"If troops are in training, then the Human Rights Act of course applies... there are situations at home in the UK where of course you can have the normal rights of a civilian."If troops are in training, then the Human Rights Act of course applies... there are situations at home in the UK where of course you can have the normal rights of a civilian.
"But on operations, it really can't apply - I think from a common sense perspective most people would understand that," he said."But on operations, it really can't apply - I think from a common sense perspective most people would understand that," he said.
The Equality and Human Rights Commission, which intervened in the case, said the MoD would now have to provide proper protection, including adequate equipment and medical facilities.
The commission's group legal director, John Wadham, said: "Our service personnel are sometimes required to lay down their lives for this country. In return, we should afford them the same human rights protection as every other citizen."
While accepting that the lives of troops in combat situations could not be protected at all costs, he said: "We can do our best to ensure they remain as safe as possible".