This week's furore over the failed deportation of Abu Qatada has been an unedifying spectacle indeed. Those determined to deport him have not only lambasted an institution that provides important protection to British citizens, they have also suggested that the government ignore the courts and accept whatever punishment is handed down.
Opponents of the ECHR have complained that the case shows the stupidity of human rights legislation. The courts have lost their mind, we are told, and should go back to defending the rights of people we like. Politicians of every stripe have queued up to attack the decision with tremendous gusto (who ever lost an election for attacking a terrorist? The West Wing says it, so it must be true). They point out quite how evil Qatada is, a convicted terrorist in Jordan and bilious preacher of hate. They are right that he seems to be a truly unpleasant piece of work.
And yet, even if Qatada is guilty of every accusation levelled at him, I cannot help but feel that the debate has demonstrated the vital role institutions like the ECHR play. It has been a clear demonstration of how easily our own justice system may ignore Human Rights. Worse, it has shown how willing those in power are to ignore those rights when it doesn’t suit them.
Human rights took root in our most enlightened moments during the 20th Century, usually after witnessing some dreadful atrocity. We recognised the common dignity of humanity and the necessity to protect every person, regardless of where they came from and so set down a few principles that we felt trumped others. It was a victory for our better angels over the demons that so often corrupt our morals. Moreover, it was made knowing that we would forget the horror of human rights abuses. We would forget how easily rights are eroded and how tempting it can be to ignore them. And so, at a moment when their importance was clear in our minds, we codified them and gave them incredible status within the law. We knew the day would come when we would think them unnecessary or unwieldy, so we made it phenomenally difficult to back out of them. The Qatada decision is not an expression of contemporary modern human rights madness; rather, it is a reminder from our better angels of the importance of fair trials and how awful it becomes when we erode that right
That may be the lefty defence of the ECHR. There is also, however, an argument that appeals to the right-winger within me. If there is one lesson from the 20th Century, it is how extraordinarily vulnerable we are to the overbearing power of the state. Both groups and individuals have suffered great harms and injustice at the hands of state institutions, often with the open consent of the majority. It is not just the victims of Nazi Germany and Communism who fall into this category. The treatment of prisoners (and protesters) in Northern Ireland, the introduction of control orders and repeated assaults on trial by jury in the UK alone show how willing governments can be to trample on human rights. Human rights legislation exists not to protect us from each other so much as to protect us from the state. With that in mind, it is logical that when this legislation is truly effective, it acts as a check against state actions, infuriating governments in the process. If everything ticks along smoothly with no controversy, I would be suspicious that the courts were not providing an effective check. That Abu Qatada's deportation should be stopped, to howls of anguish from the government, tells me that our current system is robust and effective. It proves that I can feel secure that the state cannot go beyond itself and abuse the freedoms I hold dear. Indeed, I now know that if the state one day comes for me (as, apparently, is its wont), the courts will protect me.
Qatada is scum, but he is human. The courts have proved that even the worst and most hated in society will be protected. For a while at least, we can feel safe and protected against the vicissitudes of the state. For that, we should all celebrate.
P.S.
Ignoring whether we should welcome the decision of the courts, let us take a moment to consider the pathetic idiocy of those who encouraged Theresa May to deport Qatada and accept the consequences. In the UK, deliberately ignoring instructions from a court is an incredibly serious offence. Contempt of court frequently carries a jail sentence. In that context, to suggest it is ok for the Home Secretary so flagrantly to ignore a court decision is grossly irresponsible. Furthermore, every encouragement to ignore the court and deport Qatada tacitly includes the justification “because we can afford it”. Whatever fine the courts might hand down for such a transgression, goes the argument, the resources of the British state could cope. This attitude exists elsewhere in our legal system, where companies sometimes generate profits from transgressions that vastly outweigh the fines regulators can hand down. Similarly, the rich sometimes feel able to buy the right to break the law. It is disgusting and to validate this attitude by encouraging the government to take it is beneath contempt (Peter Bone – I’m looking at you).
