UK may withdraw from European rights convention over Abu Qatada

[muriel_volestrangler]

2. Temporary withdrawal would probably be unlawful

It is theoretically possible to withdraw temporarily from the European convention on human rights particularly over matters involving terrorism.

But initial legal reaction suggests that there is only "a vanishingly small chance" that such a move could be used by Britain to resolve the political crisis over deporting Abu Qatada. The president of the supreme court has already warned that such a move is more likely to end up being declared unlawful under the UN convention against torture.
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Article 15 of the human rights convention allows a state to withdraw temporarily or derogate in legal terms from some of its rights in times of national emergency which threaten the life of the nation, to allow the use of measures that have to be "strictly required".

Britain has used this temporary withdrawal power in the past, especially during the 1970s to allow internment without trial in Northern Ireland and other measures.
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Cameron may be relying on the fact that Abu Qatada does not face a risk of ill-treatment or torture on his return to Jordan but the real risk of an unfair trial based on evidence obtained by torture. This comes under article 6 rather than article 3 of the convention and temporary withdrawal is not expressly forbidden for this purpose.

http://www.guardian.co.uk/world/2013/apr/24/withdrawal-human-rights-convention-price