Ryszard Piotrowicz is a foreign devil

Ryszard Piotrowicz is a foreign devil

I am disgusted by the headline of this article. It calls for Article 8 of the ECHR to be ignored. The subheading is almost as bad, first it states that human rights are crucial but then states that judges who uphold these human rights should be challenged. Then it suggests “A change in legislation may help”. Is it a coincidence that this is precisely what Teresa May suggested at the recent Tory party conference?

Ryszard Piotrowicz is being intellectually dishonest firstly by claiming that British judges are timid and secondly by claiming they show excessive deference to the ECtHR. Whilst the author has expertise in trafficking, here he is writing about a subject he knows nothing about. He is advocating that judges bow down to the knee-jerk policies of the Executive. In Hirst v UK (No2), Kennedy LJ, was criticised for showing excessive deference to Parliament. Because the UK has signed up to the Convention it is only right that judges show deference to the Convention and ECtHR decisions. It is disturbing that the author is advocating challenges to British courts and the ECtHR for their interpretations of the right to family life protected under Article 8 of the Convention. It is the role of the courts to interpret the law, and not for the media and politicians and the odd mad professor of law. Given that under the Convention the ECtHR decisions are final, leaving no scope for challenge, the Tasmanian Devil fails to explain how he thinks the final say can and should be challenged. Perhaps, he is advocating that the UK should simply ignore the rulings like with Hirst No2?

Prisoners still enjoy a right to family life even in prison. So, once again Ryszard Piotrowicz is displaying his ignorance of the subject. To suggest that those being threatened by deportation can take their family with them to enjoy family life, is no different than the Gestapo saying to those entering the gas chambers “Don’t worry you're all going to be together”. It is nonsense to suggest that criminals should not have a family life under the Convention. Even criminals can suffer from State abuse. It is not a legitimate interest to pander to the racist and xenophobic right wing media like the Daily Mail, Daily Express, The Sun and Telegraph. Ryszard Piotrowicz has plumbed the depths writing this article.