Latest news with #justiceReform
The Independent
18-06-2025
- Politics
- The Independent
Why Keir Starmer risks making the same mistake as David Cameron when it comes to Europe
Shabana Mahmood has said the European Convention on Human Rights (ECHR) must be reformed to restore public confidence as Sir Keir Starmer 's government seeks to tackle the issue head-on. The justice secretary joined calls for an overhaul of the convention, warning that 'public confidence in the rule of law is fraying' and 'there is a growing perception human rights laws are a tool for criminals to avoid responsibility'. It comes after similar comments were made by Tory Party leader Kemi Badenoch, who this month warned human rights laws had gone from being a 'shield' to a 'sword used to attack democracies'. Falling in line with those calling for the ECHR to be overhauled, but stopping short of calling for the UK to pull out, Ms Mahmood told European ambassadors: 'The European Convention on Human Rights is one of the great achievements of post-war politics. It has endured because it has evolved. 'Now, it must do so again.' So will Sir Keir be able to quell the grumblings of the Conservatives and Reform UK – or does he risk falling into the same trap as David Cameron, failing to deliver and emboldening his Eurosceptic critics? The debate over Britain's role in the ECHR has been given a renewed burst of life by the rise of Nigel Farage, Ms Badenoch all-but pledging the Tories would pull the UK out, but most importantly, the head of the Council of Europe saying there should be 'no taboo' on rewriting its rules. Critics of the convention argue that, without a fundamental overhaul, it will be impossible for the UK to deport foreign criminals en masse and remove those who arrive in Britain illegally, such as via the English Channel in small boats. Many go further, saying that reform of the agreement would be impossible given its 46 signatories, and that the UK must pull out altogether. Sir Keir and Ms Mahmood are pursuing the softer option, attempting to take a leadership role in the drive to update the binding legal text. The move could prove a masterstroke for Labour, run by a man derided by so many as a liberal left-wing lawyer who does not understand the concerns of those impacted by soaring migration and the small boats crisis. In taking the issue by the horns, Sir Keir can defy his doubters on the right and take on his left-wing critics, painting himself as somebody prepared to do what is right for the country without fear or favour. But the road to reform is fraught with risk, and could even see Sir Keir suffer the same fate as his predecessor Lord Cameron – who paved the path for Brexit before quitting in shame at the result. The then prime minister sought to quell frustration about the UK's membership of the EU by promising reforms of his own. He was battling rebels in his own Conservative Party and a challenge from UKIP on the right, and emerged from marathon talks in Brussels in 2016 having secured 'special status' for the UK in the bloc. But despite his efforts, the tweaks were not enough – with Britain voting to leave the EU just four months later. In the same way, by promising reform of the ECHR Sir Keir risks two things. The first is giving ground to right-wing critics of the convention, both raising its salience with the general public and legitimising their concerns. The second is overpromising and underdelivering, with just four years to force changes the public will experience before heading back to the polls for a general election. If the prime minister promises a programme of reforms that will help him stop the small boats crisis in the Channel and remove more foreign offenders, he will need to deliver. If polling day rolls around and the boats are still arriving, taxpayers are still spending huge sums to house those seeking asylum and voters do not feel the difference, With a slew of recent headlines about deportations being blocked on sometimes ridiculous-sounding grounds, it is clear something needs to be done.
The Guardian
17-06-2025
- The Guardian
Hanging points death toll ‘unacceptable', attorney general Michelle Rowland says, urging states to review practices
Michelle Rowland has described the 'unacceptable' death toll linked to the continued presence of hanging points in Australian jails as 'deeply concerning' and told state and territory governments to 'review their practices'. The attorney general has also signalled she will push for accelerated justice reforms during upcoming meetings with her state and territory counterparts at the Standing Council of Attorneys-General forum. 'Every death in custody is a tragedy and the unacceptable number of deaths in custody caused by hanging points is deeply concerning,' a spokesperson for Rowland said. 'The attorney general strongly encourages state and territory governments to review their practices and continue to work toward effective solutions that ensure the safety and dignity of all Australians in the justice system.' A Guardian Australia investigation last week revealed 57 inmates have died in 19 separate prisons using hanging points that authorities knew about but failed to remove, often despite repeated suicides and stark warnings from coroners. At the Arthur Gorrie prison in Brisbane, the same ligature point – a set of exposed bars contained in older-style cells – has been used in 10 separate hanging deaths between 2001 and 2020, despite warnings to the state government as early as 2007 that it 'immediately' fund the removal of the bars. In one of those deaths in 2010, an inmate was sent into a cell containing the bars despite previously telling prison authorities that he had thought of using them to die by suicide, according to coronial findings. Sign up for Guardian Australia's breaking news email Similar failures were replicated across the state. At the Borallon prison, an inmate hanged himself from a similar set of exposed bars in 2011, five years after the Queensland government was told to 'immediately cover with mesh any bars accessible to prisoners in cells'. At the Townsville prison, two inmates hanged themselves from exposed bars a decade after the government was told to 'immediately' act on hanging points, 'including bars'. The situation was replicated in almost every state in the country. In New South Wales, the Guardian found 20 hangings from ligature points that were known to authorities but not removed. Another 14 deaths were identified in South Australia and seven in Western Australia. The failings have prompted urgent calls from experts and families of the dead for action, including on removing obvious hanging points, but also to improve mental health service delivery to jails. Most of the cases identified by the Guardian revealed failures in mental health treatment, risk assessment, cell placement or information sharing, including the death of Gavin Ellis, who died at Sydney's Silverwater prison complex in 2017. Ellis had a longstanding psychotic illness and had attempted to hang himself twice in his first three days of custody. Despite this, he was not seen by a mental health clinician for eight days, was not reviewed by a psychiatrist for six weeks, and was then sent into a cell with a ligature point that had been used by another inmate in the same unit of the prison two years earlier. 'The system does not have capital punishment, yet it leaves hanging points for inmates to use,' his mother, Cheryl Ellis, told the Guardian. State governments all said they were taking the issues of hanging points seriously, and had conducted long-term programs to make cells safe, as well as investing in better mental health assessment and treatment. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion Hanging deaths disproportionately affect Indigenous Australians, owing largely to the failure to decrease their overrepresentation in prison populations. In 2023, First Nations Australians accounted for 33% of the country's prison population – a record high – but just 3% of the overall population. On Tuesday, the former Labor senator Pat Dodson described the death toll using known ligature points as 'totally unacceptable'. Dodson worked on the royal commission into Aboriginal deaths in custody, which in 1991 told state and territory governments to remove hanging points and to enact strategies to reduce the incarceration rate for Indigenous Australians. He joined a group of crossbenchers, including David Pocock, David Shoebridge, Zali Steggall and Lidia Thorpe, in calling for national leadership on the issue. The Aboriginal and Torres Strait Islander social justice commissioner, Katie Kiss, said the removal of hanging points from prison cells to reduce self-harm was a 'key recommendation' from the 1991 royal commission. 'The failure to implement this and … other recommendations exacerbates the ongoing national shame that is Aboriginal deaths in custody,' she said. 'The treatment of our people, particularly when it comes to the administration of the justice system, is a deep stain on this country. They are being failed by an oppressive system that continues to deny their rights.' In Australia, the crisis support service Lifeline is 13 11 14. Indigenous Australians can call 13YARN on 13 92 76 for information and crisis support. Other international helplines can be found at
The Guardian
16-06-2025
- Politics
- The Guardian
Patrick Dodson condemns decades of inaction on suicide hanging points in Australian prisons
The former Labor senator and Aboriginal deaths in custody royal commissioner Patrick Dodson has condemned inaction on known hanging points as 'totally unacceptable' and joined calls for national leadership on justice reform. Guardian Australia revealed last week that 57 Australians had died using hanging points that prison authorities knew about but failed to remove, often despite their use in repeated suicides and explicit warnings from coroners. Dodson, a Yawuru elder often referred to as the 'father of reconciliation', was one of the royal commissioners who worked on the 1991 Aboriginal deaths in custody royal commission. That royal commission told state governments to remove obvious hanging points from their prisons, a recommendation that was universally accepted. Despite this, Guardian Australia has revealed how obvious hanging points have been allowed to remain in prisons like Brisbane's Arthur Gorrie, where 10 hanging deaths occurred using the same type of exposed bars between 2001 and 2020, despite repeated, early coronial warnings that they be removed. Sign up for Guardian Australia's breaking news email Even at the relatively new Darwin Correctional Centre, which opened in 2014, more than 20 years after the royal commission, cells were designed with an obvious and well-known hanging point, which was used in two hanging deaths in its first two full years of operation. The hanging point was not fully removed from cells until 2020. 'It's totally unacceptable and this is where people need to be empowered and take action against those agencies based on their duty of care,' Dodson told Guardian Australia. 'They have a duty of care. They've been told 30 years ago to get rid of these things.' Indigenous Australians remain vastly overrepresented in prison populations and hundreds have died in custody – 101 of those by hanging – since the 1991 royal commission. Official data shows the rate of Aboriginal hanging deaths is at a 17-year high, correlating with Australia's surging prisoner population. Guardian Australia revealed last week that in 2020, after the hanging death of young Indigenous man Tane Chatfield, the New South Wales government told a coroner it had audited Tamworth prison for hanging points but could find none. An independent inspection of Tamworth prison less than 12 months later found 'multiple hanging points' including some that had been purportedly removed. Guardian Australia asked every state government what has been done to address the problem. You can read their responses in full here. Dodson said the federal government, through the standing council of attorneys general, should take a national leadership approach on reforms that reduce Indigenous incarceration rates and reduce deaths in custody, including by removing hanging points. His voice adds to that of a group of crossbenchers, including David Pocock, David Shoebridge, Lidia Thorpe and Zali Steggall, calling for federal leadership on the issue of hanging points after the Guardian's investigation. Dodson said the federal government should establish a national Aboriginal justice commission to progress nationally coordinated reforms and ensure state governments are responding the recommendations of the 1991 royal commission, many of which remain unmet. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion He said the attorney general, Michelle Rowland, should ensure the issue is listed on the next agenda of the standing council of attorneys-general. 'The other thing that the attorney general should be doing is convening a group of the Aboriginal leadership in this space to discuss, have a discussion with them about the need for [an Aboriginal justice commission] and its importance,' he said. 'I think we need a structure, otherwise, where does it end, you know?' The Aboriginal and Torres Strait Islander social justice commissioner, Katie Kiss, said that the removal of hanging points from prison cells to reduce self-harm was a 'key recommendation' from the 1991 royal commission 'The failure to implement this – and all other – recommendations exacerbates the ongoing national shame that is Aboriginal deaths in custody,' she said. 'The treatment of our people, particularly when it comes to the administration of the justice system, is a deep stain on this country. They are being failed by an oppressive system that continues to deny their rights.' Kiss said 'immediate, tangible steps' must be taken to ensure that incarceration is a last resort, including investment in preventive measures to stop people from being detained in the first place and to ensure their safety and wellbeing if they are detained. 'We need to end this cycle of abuse, injustice, and trauma. In many cases, duty of care is not being administered – from the point of arrest, within police custody, in prisons, and detention facilities,' she said. 'People's lives are at stake and their human rights must be upheld.' A spokesperson for Rowland said any death in custody was a tragedy. The spokesperson said the attorney-general was working with her state and territory counterparts to 'accelerate progress on justice targets and achieve government commitments under the National Agreement on Closing the Gap'. 'The Attorney-General strongly encourages state and territory governments to review their practices and continue to work toward effective solutions that ensure the safety and dignity of all Australians in the justice system,' the spokesperson said. In Australia, the crisis support service Lifeline is 13 11 14. In the UK and Ireland, Samaritans can be contacted on freephone 116 123, or email jo@ or jo@ In the US, you can call or text the National Suicide Prevention Lifeline on 988, chat on or text HOME to 741741 to connect with a crisis counsellor. Other international helplines can be found at
Zawya
02-06-2025
- General
- Zawya
Libya: Barriers to Justice
Libya's fragmented justice sector is marred by serious due process violations and laws that violate international norms. The judiciary is unwilling and unable to meaningfully investigate serious crimes. Violations of the magnitude and persistence documented in Libya reflect the chronic shortcomings of Libya's judicial institutions. Tackling structural institutional dysfunction, including within the judiciary, is a prerequisite to overcoming impunity. Libya should pursue comprehensive reform, respect fair trial standards and due process rights, assume control over all detention facilities, release all those held arbitrarily, end military trial of civilians, and arrest and surrender suspects wanted by the International Criminal Court. Libya's fragmented justice sector is suppressing fundamental freedoms and obstructing accountability for abuses, Human Rights Watch said in a report released today. Libyan authorities should urgently pursue sweeping judicial overhaul, reform repressive legislation, and arrest and surrender suspects on its territory wanted by the International Criminal Court (ICC). The 39-page report, ' Injustice By Design: Need for Comprehensive Justice Reform in Libya,' documents how outdated and repressive legislation, lack of fair trial rights, and rampant due process violations urgently need reform. Unsafe conditions for judicial staff, abusive military trials of civilians, and inhumane conditions in prisons compound abuses and entrench impunity. 'By failing to address long-standing judicial reform needs, Libyan authorities are turning their back on justice and letting impunity prevail,' said Hanan Salah, associate Middle East and North Africa director at Human Rights Watch. 'Recent deadly militia clashes in the capital, Tripoli, and the lack of adequate justice mechanisms to address abuses and violations should be a wake-up call for urgent reform.' Libya's tumultuous political transition remains stalled as two rival entities compete for control of territory and resources amid rising repression and armed confrontations. The Tripoli-based Government of National Unity (GNU) together with affiliated armed groups and security agencies control most of western Libya, while the Libyan Arab Armed Forces, their affiliated security apparatuses, and an administrative entity control eastern and southern Libya. The Presidential Council operates out of Tripoli and is backed by armed groups. Recent violence and the discovery of a new mass grave underscore the need for judicial accountability, Human Rights Watch said. Heavy fighting between armed groups and quasi-state forces in the Libyan capital between May 12-14, 2025, resulted in civilian casualties and the destruction of homes and cars. After the clashes, GNU authorities said they discovered 53 unidentified bodies in a hospital morgue and a previously unknown unmarked grave site containing at least nine unidentified bodies of men and women. Human Rights Watch found that Libya's justice sector is marked by fragmentation and deep political polarization. The judiciary is unwilling and unable to conduct meaningful investigations into serious violations and international crimes. Key judicial institutions, including the Ministry of Justice, the Supreme Judicial Council, the Supreme Court, and the Prosecutor General's Office, are in deep conflict. A newly established Supreme Constitutional Court in Benghazi may compete with the Supreme Court in Tripoli, risking a constitutional crisis and conflicting rulings. Libya's penal code and related legislation are outdated, do not address international crimes, and require comprehensive reform to bring them in line with its international human rights obligations. Domestic legislation includes repressive and abusive provisions from the era of former leader Muammar Gaddafi, including laws providing for the death penalty, lashings, and amputation of limbs. Many laws issued since 2011 limit freedoms and contravene international law. Fair trial and due process rights are not respected in Libya. Military courts in the east and west continue to prosecute civilians under the guise of 'terrorism' related crimes. Lawyers face barriers to meeting with clients, a lack of notice around hearing schedules, and a lack of access to court documents. Video hearings are increasingly common and undermine detainees' rights when used exclusively. Both Libyans and non-Libyans are routinely held in long-term arbitrary detention. Armed groups and quasi-state forces control detention facilities notorious for inhumane conditions for migrants, asylum seekers, and Libyan nationals alike. They do not always comply with release orders and court summonses of detainees. Torture, ill-treatment, and overcrowding are rampant and well-documented. Legal professionals, defendants, and witnesses in Libya have faced attacks, intimidation, and harassment as the authorities do not provide them with adequate physical protection. The United Nations Security Council referred the situation in Libya to the ICC prosecutor in 2011 and the Office of the Prosecutor opened an investigation into serious international crimes committed in Libya since February 15, 2011. Eight people subject to public ICC arrest warrants remain at large. Libyan authorities should cooperate with the ICC, including by promptly arresting and surrendering to the court everyone on Libyan territory subject to ICC arrest warrants, such as Saif al-Islam Gaddafi and Osama Elmasry Njeem, both wanted for war crimes and crimes against humanity. In November 2023, the ICC prosecutor announced that his office planned 'to complete investigative activities' in the Libya situation by the end of 2025. On May 12, 2025, the Libyan government submitted a declaration to the ICC accepting the court's jurisdiction over alleged crimes committed in Libya from 2011 to the end of 2027. The Office of the Prosecutor should reassess the time frame for completion to ensure the adequate delivery of its mandate. The office should also engage with Libyan authorities to strengthen the domestic criminal justice system by addressing structural deficiencies, Human Rights Watch said. International law requires states to provide a fair hearing before a legally constituted, competent, independent, and impartial judicial body, a trial without undue delay, and a right to appeal to a higher judicial body. Defendants must be granted full access to a lawyer, adequate time to prepare their defense, and the ability to challenge evidence and arguments against them. Detention is subject to strict due process and authorities must promptly charge or release a person, promptly present them before a judge to rule on the legality of detention, and provide regular opportunities to challenge the lawfulness of detention. Trying civilians in military courts is incompatible with the right to a fair trial under international human rights law. Libyan authorities should repeal all laws that violate international law and Libya's Constitutional Declaration. They should lay the groundwork for comprehensive legislative reform in consultation with legal scholars and domestic and international civic groups, amend the penal code to criminalize grave international crimes, ensure fair trial standards and due process rights, assume genuine control over all detention facilities, ensure humane treatment of detainees, release all those held in arbitrary detention, and end military trials of civilians. 'Violations of the magnitude and persistence we are documenting in Libya do not occur in a vacuum, but rather reflect the chronic shortcomings of Libya's judicial institutions,' Salah said. 'Tackling the structural institutional dysfunction, including within the judiciary, is a prerequisite to overcoming impunity.' Distributed by APO Group on behalf of Human Rights Watch (HRW).
BBC News
23-05-2025
- BBC News
Mother of murdered teen Conner Marshall fears justice reforms
A mother whose teenage son was murdered by a convicted offender on probation says she fears proposed changes to the justice Marshall, 18, of Barry, Vale of Glamorgan, was beaten to death by David Braddon in March 2015 in a case of mistaken plans to deal with prison overcrowding would see more prisoners in Wales and England, including some serious offenders, eligible for early release after serving a third of their Marshall's mother, Nadine Marshall, is concerned reforms announced by Justice Secretary Shabana Mahmood, including increased use tagging and home detention, will put even more strain on the probation service "The problems are going to be magnified because the system isn't fit for purpose as it is," she Ministry of Justice (MOJ) said the UK government inherited a criminal justice system "in crisis" but would include £700 million to fund "intensive supervision" of released prisoners by the Probation Marshall responded: "I'm not confident in the slightest."That money is just going to plug holes. "The staffing isn't there, the processes aren't there, the systems aren't there for probation to actively be able to deal with the workload they have." Mr Marshall was killed at Trecco Bay caravan park in Porthcawl, Bridgend county, in a drink and drug-fuelled the time, Braddon, 26, of Caerphilly, was subject to two community orders following his conviction for drug offences and assaulting a police officer, but was classified as a low-risk was among 244 criminals on probation who were charged with murder in Wales and England between January 2020 and March 2024 - an average of one a week - according to statistics shared with BBC Wales-produced Newyddion the inquest into Mr Marshall's death, the coroner heavily criticised the Probation Service, particularly the "woefully inadequate" management of Braddon's inexperienced new case MOJ spokesperson said: "Our thoughts remain with the victims of these horrific crimes and their families."A 45% uplift in funding for the service will allow us to tag and monitor tens of thousands more offenders in the community. And we are on track to have recruited 2,300 probation officers by March next year." But an independent sentencing review has suggested wider use of probation services and the third sector in managing offenders after release from was carried out by the former Conservative Lord Chancellor David Gauke after prisons across Wales and England almost reached capacity last acknowledged the probation service is also currently "under great strain".Mahmood told the Commons on Thursday she accepted most of the proposals but stopped short of allowing the most serious offenders from being released early and said nobody jailed for terror offences would be eligible. Between July 2024 and March 2025, the UK government recruited 1,000 probation officers and has set a target of recruiting a further 1,300 this financial year Association of Probation Officers broadly supports the government announcement but warned proper investment must accompany the burden on staff."We have long been saying if the prison system is full and it is, so is probation," general secretary Ian Lawrence told Newyddion S4C."Can the probation service cope with what will be a new cohort of early releases in Spring next year once this is all enacted? Not at the current rate of progress."We currently have a system where staff are working massive hours under massive pressure just to cope with what I would call business as usual."
