Equality and Human Rights Commission legal group director John Wadham today expressed disappointment in a House of Lords ruling in the case of Giles Van Colle. Mr Van Colle, 25, was murdered by a defendant days before he was due to give evidence against him. The Lords found the police did not breach Mr Van Colle’s right to life, under Article 2 of the Human Rights Act, in failing to prevent his murder.
The Commission intervened in the case as expert third party, and offered its views to the court on the nature of the state’s obligation under Article 2 of the Human Rights Act to protect someone’s right to life where they know there is a threat to it.
Giles Van Colle was an optometrist who was murdered by a former employee in Daniel Brougham, in 2000. Brougham had stolen from Mr Van Colle’s business premises. Mr Van Colle later told a customer that he had received a ‘death threat’. His car was also burned-out and insurers subsequently concluded this was consistent with a ‘malicious vandal attack’. At the time a connection with Brougham was not made.
Mr Van Colle’s parents launched a case against the police under Article 2 of the Human Rights Act – the article which covers the right to life. They were originally awarded £50,000 by the High Court in 2006 but this was overturned on appeal. The Commission intervened after the police appealed to the House of Lords.
Commission group legal director John Wadham said: 'Giles Van Colle was murdered while carrying out his civic duty. Our justice system relies on the willingness of people to come forward to provide evidence. If the public do not feel safe doing that then the system will fail.
It is important the public have confidence in the criminal justice system and the police should take appropriate and positive measures to protect witnesses.
The government’s forthcoming Victims and Witnesses Bill is an opportunity to examine the issues raised by this case and consider further how the public can be protected in such situations.'
The Commission will now consider the House of Lords ruling before deciding our next steps.
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NOTES TO EDITORS
The Commission just has launched an inquiry into the state of human rights in Britain today and is now calling for evidence from public authorities and those who use their services.
www.equalityhumanrights.com/humanrightsinquiry
The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.
The Equality and Human Rights Commission is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.
The Equality and Human Rights Commission will enforce equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourage compliance with the Human Rights Act. It will also give advice and guidance to businesses, the voluntary and public sectors, and to individuals.