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MoD loses human rights court case MoD loses battlefield rights case
(20 minutes later)
The UK government has lost an appeal to overturn a court ruling that British soldiers can be covered by human rights laws while 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.
It centred on a test case brought by the family of Private Jason Smith, who died of heatstroke while serving with the Territorial Army in Iraq in 2003. The Court of Appeal said the 'right to life' meant the MoD had a legal duty to provide adequate equipment.
The ruling means the European Convention on Human Rights applies to UK forces abroad - even in battle. 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 MoD had said the Act could not be guaranteed in certain situations. 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.
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 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."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.
The ruling could lead to more families wishing to sue the MoD for negligence.The ruling could lead to more families wishing to sue the MoD for negligence.
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 deathThe 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 European Convention on Human Rights. 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, because absolute protection could never be guaranteed on the battlefield.
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.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.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: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:
"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."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.
"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"."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".
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.