Sunday 21 February 2010

Government in U Turn on prisoners’ votes

Association of Prisoners

Contact: John Hirst FOR IMMEDIATE RELEASE
Tel: (01482) 341281 or 07766964583
Email: john.hirst@myhaven.karoo.co.uk

Government in U Turn on prisoners’ votes

Jack Straw gives declaration to implement Euro Court ruling

The Association of Prisoners (AoP) welcomes the government’s declaration to comply fully with its obligations under the European Convention to abide by the Convention and European Court of Human Rights (ECtHR) decisions.

The declaration was made between 18-19 February, in Interlaken, Switzerland, at a Ministerial Conference organised by the Committee of Ministers of the Council of Europe, which was attended by Ministers of the 47 Member States within the Council of Europe.

The main purpose of the Ministerial Conference was to push forward proposed reforms to the ECtHR. A major problem being that the Court is overburdened with the amount of applications by citizens alleging human rights violations by Member States. Another problem being the Committee of Ministers role of supervising enforcement of the Court’s decisions; and Member States choosing to ignore the decisions of the Court as being final.

Because the Russian Minister of Justice Alexander Konovalov has ratified Article 14 of the Convention, it means that the Prisoners Votes Case can progress to the Final Resolution stage with the Committee of Ministers, and Jack Straw, the Secretary of State for Justice, is powerless to prevent the inevitable. It maybe a bitter pill to swallow, but swallow it he did.

Had the UK not climbed down when it did, the UK would have been suspended from both the Council of Europe and European Union in March. The Lisbon Treaty brought together the Court, Council of Europe, and European Union under one large umbrella. It now means that s.3 of the Representation of the People Act 1983, which bars all convicted prisoners from voting, can no longer be relied upon by the UK government because international law and European law now take precedence over English law.

Ends

Notes for editors

https://wcd.coe.int/ViewDoc.jsp?Ref=PR145%282010%29&Language=lanEnglish&Ver=original&Site=DC&BackColorInternet=F5CA75&BackColorIntranet=F5CA75&BackColorLogged=A9BACE

Monday 15 February 2010

Prisoners threaten to sue in voting rights row

Prisoners threaten to sue in voting rights row

By Jack Doyle, Press Association

A group of prisoners is threatening to sue the Government for compensation if their members are prevented from voting in the general election.

The Association of Prisoners want at least £1,000 for every offender in England and Wales refused voting rights.

Five years ago the European Court of Human Rights ruled it was illegal for ministers to deny voting rights to all prisoners.

Since then the Government has held two public consultations on the issue but has not changed the law.

Prison reform groups made a formal complaint to the Council of Europe accusing ministers of using delaying tactics.

Last year Justice Minister Michael Wills confirmed it was "unavoidable" that some inmates would be given voting rights.

A policy paper published in April suggested prisoners serving sentences of up to four years could be allowed to vote.

That would mean giving voting rights to around a third of the 84,000 currently in custody.

Ben Gunn, General Secretary of the Association of Prisoners, said the Government had defied the court for too long.

"I deplore the Government's ineptitude. This Government that has locked up more people than any in UK history has the temerity to claim moral authority, whilst acting in bad faith in defiance of implementing the court's judgment," he said.

"Criminals will doubtless be glad to know that the rule of law is an optional extra. We will certainly be glad for the compo."

Frances Crook, director of the Howard league for Penal Reform, accused ministers of using the issue as a "political football".

"Prisoners are absolutely right to fight for their right to vote and I hope the change comes in before the next election," she said.

"Ministers have been avoiding this issue for far too long in a bid to look tough on crime, but prisoner voting shouldn't be used as a political football.

"Losing one's liberty is punishment in itself. The Government has a duty to encourage civic responsibility, particularly amongst marginalised groups."

Sunday 14 February 2010

BROWN TO PAY OUT £70M COMPENSATION TO PRISONERS

Association of Prisoners

Contact: John Hirst FOR IMMEDIATE RELEASE
Tel: (01482) 341281 or 07766964583
Email: john.hirst@myhaven.karoo.co.uk

BROWN TO PAY OUT £70M COMPENSATION TO PRISONERS

Prisoners including murderers, rapists and paedophiles to sue for loss of vote

The Association of Prisoners (AoP) is to sue the government, in a class action, if it fails to give all convicted prisoners the vote in time for the next general election. The move follows Lord Bach’s statement, in the House of Lords, that it is a matter for individual prisoners to pursue if they feel that they are being denied the vote. In Hirst v UK(No2), the Prisoners Votes Case, the European Court of Human Rights ruled that denying prisoners the vote breached their human rights under Article 3 of the First Protocol of the European Convention.

Lawyers acting for the prisoners seek to rely upon a US Supreme Court ruling which decided that the loss of the vote can result in an award of monetary damages by way of compensation. Taking into account the exchange rate for dollars into pounds sterling, each of the 70,000 prisoners is likely to be awarded £1,000 and the bill for the taxpayers will be a staggering £70,000,000!

Ben Gunn, General Secretary of the AoP and author of Ben’s Prison Blog, has said: “I deplore the government’s ineptitude. This government that has locked up more people than any in UK history has the temerity to claim moral authority, whilst acting in bad faith in defiance of implementing the Court’s judgment. Criminals will doubtless be glad to know that the rule of law is an optional extra. We will certainly be glad for the compo”.

Lord David Ramsbotham, at the Barred from Voting campaign meeting in Parliament last Monday, stated that he intends to raise the serious issue of Lord Bach making a misleading statement in Parliament. In the debate in the House of Lords on prisoners voting, Lord Pannick, in relation to whether the government intended delaying the issue until after the next general election, asked: “Can the Minister give the House an unequivocal assurance that that is no part and has been no part of the Government's motivation?”. Lord Bach replied: “Yes”. However, the outgoing Director General of the National Offender Management Service (NOMS), Phil Wheatley, confirms, along with Martin Bentham, that Jack Straw was the Ministry of Justice source who told the Evening Standard that prisoners won’t be able to vote until after the general election.

NOTES FOR EDITORS

1. The Association of Prisoners was set up in direct opposition to the Prison Officer’s Association, under Article 11 of the European Convention incorporated in the Human Rights Act 1998. http://www.telegraph.co.uk/news/uknews/1367035/Prisoners-in-move-to-set-up-trade-union.html
2. Ben Gunn is serving life for murder and is presently located at: HMP Shepton Mallet, Cornhill, Shepton Mallet, Somerset, BA4 5LU Tel: 01749 823 300 Fax: 01749 823 301
3. http://www.publications.parliament.uk/pa/ld200910/ldhansrd/text/91215-0002.htm
4. http://www.thisislondon.co.uk/standard/article-23754049-straw-prisoners-wont-be-able-to-vote-until-after-general-election.do
5. http://prisonerben.blogspot.com/