The deportations of foreign nationals – an example of a state crime?

The British government recently tried to deport 42 Jamaican nationals who had committed offences and in the United Kingdom and served more than 12 months in jail.

However, a last minute human rights challenge in the Court of Appeal meant that only 17 were deported and 25 were taken off the plane, because for the government to deport them would have been against their human rights, protected under International Law.

Many of those people who were saved from deportation had come to Britain from Jamaica as children, and had lived in Britain for several years, some for over a decade, and some even had families here.

The government attempted to claim that all 42 had been committed of serious offences. Some had, but others appear to have been committed on relatively minor drugs offences.

One of the people taken off the flight (according to this BBC article) had actually served for the British army in Afghanistan, had been diagnosed with PTSD and been convicted of GBH, related to his poor mental health.

Is this a state crime?

Technically the government has the right to deport people who have committed an offence that resulted in more than 12 months in jail, UNLESS it is against their human rights.

So whether these deportations are examples of state crimes depends on whether deporting them harms their human rights….

The guidelines for this lie in the United Nation’s charter of Human Rights, and as far as I’m aware the lawyers for the 25 people taken off the plane picked up on article number 8 – the right to legal support if we are treated unfairly.

There’s also a possibility that deporting people with young families breaches article number 16.

Is this an effective measure of control?

While shipping criminals out of the country is obviously a very effective way of getting rid of criminals, and a pretty effective deterrent, I have to ask what the effect of this will be on those leaving behind younger children?

What do you think? Is this an appropriate response, should criminals’ individual rights be taken into account in such matters?

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