In a letter addressed to the members of the House of Commons made public today, the Commissioner warns that provisions of the Overseas Operations (Service Personnel and Veterans) Bill currently under discussion give “cause for grave concern about their compliance with the United Kingdom’s international human rights obligations” and calls on MPs “to reject any measures that would undermine the fight against impunity for serious human rights violations or the right of victims to reparations.”
Commissioner Mijatović specifically points to the introduction of a presumption against prosecution of service personnel for acts committed more than five years earlier. After this period, prosecution will only be possible if a number of onerous requirements are met. The Commissioner notes that, as a result, this “may act as a de facto statute of limitations.” It could also mean that investigations of serious human rights violations fail to meet the requirement under the European Convention on Human Rights of being capable of leading to the punishment of those responsible. This, she says, would “significantly interfere with the fight against impunity for serious human rights violations.”
The Commissioner also expresses concerns about provisions regarding claims for compensation which could “undermine victims’ rights to prompt and adequate reparations.” She also notes that the bill introduces a duty for future governments to consider derogating from the Convention in case of any significant overseas operation. Legislating for such a duty “may serve as a future incentive to avoid scrutiny and accountability for serious human rights violations.”
While acknowledging the government’s desire not to place service personnel in distressing situations following unfounded allegations of wrongdoing, Commissioner Mijatović warns that the discourse around the bill should not draw away much-needed attention from holding perpetrators to account and achieving justice for victims. The Commissioner considers some of the language used to be “intimidating to potential claimants and the legal professionals who assist them.” In this connection, she emphasises that access to judicial mechanisms is an integral part of the rule of law.