Recommendation 58

The case law of the ECtHR recognises that where a state is exercising effective control over individuals or territory then Convention rights should apply irrespective of location. If states wish to disapply certain provisions of the Convention due to a “war or other emergency” then Article 15 ECHR is available to them. The extraterritorial application of the Convention has been crucial in holding the Government to account for human rights violations of civilians and British soldiers whilst operating overseas. Whilst there may be no harm in undertaking dialogue at the Committee of Ministers to clarify the scope of extraterritorial jurisdiction, any reduction in scope may result in the removal of remedies for human rights violations committed overseas. Rights protections should not be reduced when the state is exercising effective control over individuals or territory just because the state is operating overseas. (Paragraph 245) Human Rights Act Reform 85 Human rights and the devolution framework