Shabana Mahmood is calling for reform of the ECHR (Image: Getty)
Serving soldiers have “deep concern” about how human rights laws are being exploited to “prioritise the rights of our enemies”, a former Royal Marine has declared.
David Reed, who also served with the Special Forces Support Group before running for Parliament, warned the European Convention on Human Rights is “harming our national security”.
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And Mr Reed said Britain’s enemies could exploit it.
The former Royal Marine admitted he fears “the pen of the activist lawyer” becoming more powerful “against our forces” than a gun or a drone.
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Mr Reed told the Daily Express: “From my own experience, I can say there is deep concern among both serving personnel and the veteran community about the ECHR. It appears to prioritise the rights of our enemies over the loyalty and sacrifices of our own troops.
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“What was intended as a shield to protect the innocent has, in some cases, become a sword used to challenge democratic decisions and undermine common sense.
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David Reed MP has warned of the threat the ECHR poses (Image: Parliament)
“In key areas, the ECHR is harming our national security, and we need a government willing to address this reality.
“Unless we engage in a serious national debate about reforming or reconsidering our membership of the ECHR, our armed forces will continue to operate with one hand tied behind their backs.”
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Labour’s Justice Secretary, Shabana Mahmood, vowed to fight to reform the ECHR in a major speech in Strasbourg.
Ms Mahmood told the Council of Europe in a speech in Strasbourg the ECHR "must evolve" to respond to new realities.
But, outlining the threat, Mr Reed told the Daily Express: “We now live in a world where one of the most potent weapons used against our forces is not a gun or a drone, but the pen of the activist lawyer.
“Due to the ECHR, legal tools risk becoming more powerful than military ones.
“Britain urgently needs a fundamentally different approach to ensure that our national interests are not undermined by what has come to be known as “lawfare.
“For me, the issue is not just about who is part of the ECHR- but who isn’t. Russia, for instance, is not a signatory.
“As a result, Vladimir Putin and his forces are not bound by these rules, nor are they subjected to vexatious litigation from human rights lawyers.
“If we were to face the very real threat of war with Russia, Moscow would undoubtedly exploit our ECHR membership against us. Russian actors are already adept at using our legal system to their advantage, but in a full-scale conflict, this could escalate significantly.”
The Daily Express is calling on the Government not to betray our veterans as the Government plans threaten to leave those who served in Northern Ireland at risk of a “two-tier” justice system.
Labour has vowed to replace the Legacy Act - set up by the Tories in 2023 to protect veterans from vexatious prosecutions by shutting down historical inquests and preventing new civil claims from being lodged.
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Ms Mahmood said: "There is a growing perception - sometimes mistaken, sometimes grounded in reality - that human rights are no longer a shield for the vulnerable, but a tool for criminals to avoid responsibility.
"That the law too often protects those who break the rules, rather than those who follow them."
"The right to family life is fundamental. But it has too often been used in ways that frustrate deportation, even where there are serious concerns about credibility, fairness, and risk to the public.
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"We're bringing clarity back to the distinction between what the law protects and what policy permits."
She also said judges cannot be asked to solve political problems and so reform must be a "shared political endeavour" among member states.
The Lord Chancellor added: "The European Convention on Human Rights is one of the great achievements of post-war politics. It has endured because it has evolved. Now, it must do so again."