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Poor equipment for troops could 'breach their human rights'

11/04/2008

Sending British troops into war or out on patrol with defective equipment could amount to a breach of their human rights, a high court judge has ruled today.

Mr Justice Collins declared that human rights legislation could be applied to military personnel currently on active service.

The ruling could change the way future military inquests are held as an attempt by the government to have critical language restricted by coroners was also rejected by the court today.

The controversy over inquest guidelines was raised during the inquest into the death of Scottish soldier Private Jason Smith, 32, who died of heatstroke in Iraq.

Ministry of Defence (MoD) lawyers had argued in court that it was impossible for British troops on active service to be given "the benefits of the Human Rights Act".

However, the high court declared that the soldiers should be provided with some type of legal protection no matter where they were.

Today's decision is a groundbreaking legal defeat for defence secretary Des Browne, whose calls for critical language in verdicts to be constrained was also rejected.

Mr Browne however dismissed the ruling as being "dated" and claimed that British troops were now "very well equipped" and confirmed the MoD would appeal against the decision.