War crimes suspects 'use loopholes'

12 April 2012

War crimes suspects who come to the UK are escaping justice because of "legal loopholes", according to a new report.

The Aegis Trust said gaps in the law mean this country is a safe haven for some war criminals and those suspected of committing genocide.

Its report found foreign nationals thought to have committed horrific crimes also could not be deported easily because the Human Rights Act prevents them being sent home if they could face torture or an unfair trial.

Head of research Nick Donovan said some suspected war criminals could not be prosecuted if the acts were committed before 2001. Similarly, anyone who comes here as an asylum seeker, student or tourist cannot be prosecuted, he said.

The report names Felicien Kabuga, who is accused of financing the Rwandan genocide, and Liberian Chucky Taylor, who was convicted of torture by the US, as two who came to the UK but were not brought before the courts.

Other suspects are alleged to have come here from Rwanda, Zimbabwe, Iraq, the Democratic Republic of Congo, Liberia and Afghanistan.

Around 300 individuals screened by the UK Border Agency since 2004 have faced further action by immigration officials, the report found.

But despite at least 22 investigations by the Metropolitan Police counter-terrorism branch in the last four years, only one has resulted in successful prosecution, it said.

The report calls for changes to the International Criminal Court Act 2001 to allow prosecutions when war crimes suspects arrive in the UK. At the moment they can only be tried if they become resident. The changes should also allow prosecutions for crimes committed before 2001, the report argues.

Mr Donovan said: "This report shows that this is not a hypothetical issue. It's about individuals suspected of the most heinous crimes anyone can commit; individuals that this country needs to bring to justice if we do not want to remain a safe haven for war criminals."

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