MoD fights ruling on rights

Published on Monday 15 March 2010 20:54

THE government has challenged a landmark ruling that British soldiers serving abroad are protected by human rights laws.

A panel of Supreme Court Justices is being asked to overturn High Court and Court of Appeal judgments over the death of Private Jason Smith, who died in Iraq while serving with the Territorial Army.

James Eadie, QC, for the Ministry of Defence, said it would never be possible to guarantee rights under the European Convention to soldiers on duty wherever they are in the world.

Mr Eadie said the reasoning of the appeal judges could mean that the state had a special duty to protect soldiers from all risks, including those caused by conflict.

Pte Smith, who lived in Hawick, Roxburghshire, was deployed in Iraq in 2003. He repeatedly told staff he was feeling unwell amid temperatures above 50C.

He was later found lying face down and taken to hospital, but had died of a cardiac arrest.