Angry Clarke hits out at UN in deportation row
British home secretary Charles Clarke angrily hit out at the United Nations today after a senior official warned that Britain’s plans to deport foreign Islamic extremists breached its international human rights obligations.
The clash came as Mr Clarke announced that the exclusion and deportation of so-called “preachers of hate” from the UK would begin within days under the government’s new list of “unacceptable behaviours”.
The wide-ranging list includes the expression of views which “foment, justify or glorify” terrorism, or which “foster hatred which might lead to inter-community violence in the UK”.
Mr Clarke said the measures were necessary to counter the “real and significant” terrorist threat facing the UK after the London suicide bombings on July 7.
The British government was accused by the UN’s special rapporteur on torture, Manfred Nowak, of trying to circumvent its duty not to deport people to countries where they could face torture or abuse.
In a statement issued on Tuesday night, he urged ministers to drop plans to seek memorandums of understanding with a number of north African and Middle East states that individuals returned to those countries would not be tortured.
He said that such diplomatic assurances were not an “appropriate tool” to eradicate the risk of abuse in countries where torture was known to take place, in defiance of international conventions.
His comments drew a furious response from Mr Clarke, who said the UN was too preoccupied with the human rights of terrorists when it should be more concerned about their victims.
“The human rights of those people who were blown up on the Tube in London on July 7 are, to be quite frank, more important than the human rights of the people who committed those acts,” he told ITV News.
“It is a balance, of course, and I acknowledge that there are real issues that have to be addressed, but I wish the UN would look at human rights in the round rather than simply focusing all the time on the terrorist.”
The row is likely to foreshadow further clashes, with lawyers warning that the British government will face a protracted legal battle through courts if it tries to deport people to countries where there is considered to be a risk of torture.
Tony Blair has already signalled that he is gearing up for a fight, saying that he would be prepared to amend the Human Rights Act, if necessary, in order to ensure that the government is able to impose its will.
The publication of the list of “unacceptable behaviours” does not give the British government any new powers, but is intended to clarify when ministers can and should act.
Mr Clarke said that he intended to move “very quickly” to begin the process of deportations and exclusions.
“We have a number of names that we are considering at the moment. All our foreign posts throughout the world are looking at their particular country,” he said.
“Of course, we have got the names that are widely in the public domain at the moment, people who the media are looking at who we will be considering in due course now I have published the list.”
The final list of “unacceptable behaviours” is broadly the same as that published in a consultation document three weeks ago.
However the expression of views that “the government considers to be extreme and that conflict with the UK’s culture of tolerance” has been dropped amid complaints that it was too widely drawn.
The final list now covers the expression of views which foment, justify or glorify terrorist violence in pursuit of particular beliefs; provoke others to commit terrorist acts; foment serious criminal activity; or foster hatred which could lead to “inter-community violence” in the UK.
It covers writing, producing, publishing or distributing such material; public speaking, including preaching; running a website; or using a “position of responsibility”, such as a teacher or a youth or community leader.
The Home Office said the list was “indicative rather than exhaustive” and the home secretary had the power to vary the criteria whenever it was considered necessary.
Mr Clarke said it was intended to send a clear message that people who espoused such views were “not welcome in the UK”. He promised that the powers would be used in a “measured and targeted” way.
“These powers are not intended to stifle free speech or legitimate debate about religions or other issues,” he said.
The measures were broadly backed by the opposition parties, with shadow home secretary David Davis urging ministers to use them “robustly and effectively”. Liberal Democrat home affairs spokesman Mark Oaten also welcomed the changes.
Civil rights group Liberty said the British government had failed to address the issue that people who were deported could face torture.
“What has always separated us from the terrorists is that we do not torture people or send them to be tortured. That is the standard we need to maintain,” said legal director James Welch.
Sir Iqbal Sacranie, secretary general of the Muslim Council of Britain, warned that deporting extremists could prove counter-productive and called for further consultation.
“Sending them out may turn them into unwanted heroes who may then be free to export their vile thoughts, if such be the case, from exile. We do not want this,” he said.
London Mayor Ken Livingstone said that some of the provisions were “sufficiently vague” that they could, in the past, have resulted in Nelson Mandela or Yasser Arafat being excluded from Britain.
