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Yorkshire cases to test DNA sampling policy
LAWYERS challenging the right of UK police to keep DNA samples from innocent people on the national database are to take two South Yorkshire test cases to the European Court of Human Rights (ECHR).
LAWYERS challenging the right of UK police to keep DNA samples from innocent people on the national database are to take two South Yorkshire test cases to the European Court of Human Rights (ECHR).
Police take DNA samples after those suspected of most crimes have been arrested and they are entered onto a national database which now holds details of more than four million people.
But the details are not removed if charges are dropped or the suspects are proved innocent at court and human rights specialist solicitors practice Howells, based in Sheffield, has been fighting to have that position overturned.
The firm is representing two people, a man named Michael Marper who had harassment charges dropped before his case got to court, and a juvenile acquitted of an offence at court.
The case has been through the entire legal system in this country, including the House of Lords, where judges rejected the application, although at that court it was a split decision.
The applicants are represented by solicitor Peter Mahy, who argues that retaining DNA and fingerprints is an unjustified breach of their right to respect for private life protected by Article 8 of the European Convention on Human Rights. In both cases, his clients had asked for those samples to be destroyed.
Mr Mahy said both were concerned that there was a lack of independent oversight of the database and there were concerns about how the information may be used in future.
He said: "We have already taken these cases to the House of Lords, which, unfortunately, ruled against us – although it was not a unanimous decision as one of the judges supported our argument that Article 8 of the European Convention on Human Rights was engaged. We think this is one of the most important human rights challenges the ECHR has grappled with over recent years, especially given the growing enthusiasm of the present Government to make the DNA database as wide as possible. More and more innocent people are going to find that the state has retained their very 'blueprint for life' in its official records.
"We say that if you are not convicted of a crime you are entitled to be put back in the same position as anyone else without a criminal record. Indeed, many countries only retain DNA samples of those convicted of very serious offences.
"My clients are delighted that the European Court of Human Rights has agreed to consider the case and by the interest it is taking in comparing DNA databases around the world with the one in this country. We hope that this time justice will be done. " A ruling is expected to be made later this year.
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Saturday 26 May 2012
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