When justice miscarries

Human rights court to consider whether former prisoners should receive compensation

The United Kingdom is heading towards a showdown with the European Court of Human Rights over its refusal to pay compensation to some people who have been wrongly imprisoned.

European Court of Human Rights

A future defeat for the government may not worry the justice secretary Dominic Raab, who once again suggested last week that the UK might pull out of the European Convention on Human Rights (ECHR), the international treaty that the human rights court interprets.

Raab told the House of Lords constitution committee:

If you are asking me whether we are committed to stay within the ECHR for ever and a day, the answer is that we are not able to make that commitment. It depends a little bit on the court.

In the context of government plans to tackle the small boats issue, Saturday’s Times attributed a different view to Rishi Sunak:

The prime minister is resisting suggestions that Britain should leave the European Convention on Human Rights.

But although there must be every chance that the Strasbourg judges will rule against the United Kingdom on the issue of compensation for miscarriages of justice, a ruling is not expected before next year. So a decision on how to deal with an adverse ruling — if that’s what the court delivers — will probably be one for whichever government comes to power after the next general election.