The president of Europe’s Court of Human Rights, Siofra O’Leary, emphasized that Britain has a legal obligation to comply with ECHR injunctions concerning Prime Minister Rishi Sunak’s plan to send asylum seekers to Rwanda.
The scheme, facing legal challenges, aims to redirect asylum seekers arriving on England’s southern coast to Rwanda. The ECHR issued interim measures in June 2022, halting deportations, and the UK Supreme Court later ruled the policy unlawful due to issues in the Rwandan system.
To address this, a bill is progressing through the British parliament, declaring Rwanda safe and granting ministers power to decide on enforcing ECHR injunctions. President O’Leary underscored the legal obligation for states to comply with Rule 39 measures, stating that failure to do so could violate the European Convention on Human Rights.
Prime Minister Sunak’s spokesman expressed confidence that the bill aligns with international law, asserting the government’s commitment to preventing foreign courts from blocking flights. The Rwanda policy, a key pledge by Sunak, faces scrutiny from both right-wing lawmakers and concerned voters amid a surge in asylum seekers arriving via the Channel.
The Safety of Rwanda Bill received backing in the House of Commons, despite criticism, and is a focal point in Sunak’s pre-election agenda. However, President O’Leary’s remarks might embolden critics, as lawmakers in the upper house consider delaying ratification of a new treaty with Rwanda.
The ECHR, responsible for applying the European Convention on Human Rights to Council of Europe members, remains relevant for Britain post-Brexit, as it continues as a member of the Council of Europe.