Court hears scamera case today
Right to silence asserted to human rights court
Violating your human rights?
Francis and O'Halloran claim that S172 of the Road Traffic Offenders Act 1988 (as amended) violated their 'right to silence'.
Paul Smith, founder of the Safe Speed road safety campaign said: "Despite rapidly mounting evidence that speed cameras have proved to be a deadly mistake, the government appears to be incapable of seeing the damage that's being done.
"The so called 'right to silence' is ancient and worthy. It was a severe blow to British justice when it was undermined for the sake of nothing more than needless mass prosecutions by speed camera. I hope and expect that the ECHR will end the madness. And it won't be a moment too soon.
"I am certain that speed cameras have made our roads considerably more dangerous by diverting attention from more important safety factors."
The European Court of Human Rights was set up just after WWII, following the Nuremburg trials, with the aim of helping to ensure that the atrocities of the previous ten years could not reoccur.
The Convention for the Protection of Human Rights and Fundamental Freedoms was drawn up within the Council of Europe. It was opened for signature in Rome on 4 November 1950 and entered into force in September 1953. Taking as their starting point the 1948 Universal Declaration of Human Rights, the framers of the Convention sought to pursue the aims of the Council of Europe through the maintenance and further realisation of human rights and fundamental freedoms.
The Court is not under the control of the EU.
Someone will come along soon...
If that is the case then surely I could claim I was illegally forced to incriminate myself when I received a S172 and they would have to reassess my case and potentially award me damages?
I can’t see it happening because if everyone then contested past cases where a S172 had been used it would cause absolute mayhem.
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