Iraq death of Scots soldier leads rights watchdog to take on MoD

Published on Sunday 8 March 2009 20:47

THE death of a Scottish soldier in Iraq is set to become a test case to extend human rights laws to soldiers on the battlefield as the government's human rights watchdog vowed to take on Defence Secretary John Hutton and the Ministry of Defence.

Territorial Army soldier Private Jason Smith, 32, of Hawick, in the Borders, died of heatstroke in temperatures of 60C in Iraq, just two months after he arrived in Basra in June 2003.

Mr Hutton and the MoD believe judge Mr Justice Collins was wrong when he ruled in the High Court last April that sending a soldier on patrol or into battle with defective equipment could constitute a breach of human rights. The MoD is appealing.

Government watchdog the Equality and Human Rights Commission is opposing the MoD's appeal.

ChairmanTrevor Phillips will tell the Court of Appeal today that armed forces personnel serving overseas have a right to life under the European Convention and the Human Rights Act – whether or not they are physically on a base.

Yesterday Pte Smith's mother, Catherine, said: "I am very disappointed the MoD has decided to appeal the court's decision. How can it be right to remove human rights from soldiers when they are at their most vulnerable?"

A spokesman for the commission said a ruling in its favour would mean the MoD would have to "provide greater protection to soldiers serving overseas" and that "bereaved families would be entitled to information about exactly what happened to their loved ones".

An MoD spokesman said: "The MoD is appealing against Mr Justice Collins' ruling because it creates some uncertainty about the applicability of the European Convention of Human Rights."