Adam Fresco
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The widow of murdered headteacher Philip Lawrence said today she was “devastated” to learn her husband’s killer could not be deported and felt she could not “survive” the ruling.
Learco Chindamo, currently serving life, has won his appeal at the Asylum and Immigration Tribunal to stay in Britain, however, the government said tonight that it would appeal against the decision.
Italian-born Chindamo was 15 years old when he stabbed Mr Lawrence to death in an attack outside St George’s Roman Catholic School in Maida Vale, west London, in December 1995. Mr Lawrence had been protecting a pupil.
In a statement issued this afternoon, Mr Lawrence’s widow, Frances, said: “I am devastated, demoralised. More than that, I’m unutterably depressed that the Human Rights Act has failed to encompass the rights of my family to lead a safe, secure and happy life.
“I feel that I have always been a staunch advocate of the Human Rights Act but there is a missing term in it. It must encompass some responsibility.
“This isn’t just about me and my family. I am not solely thinking of me. I may be a mother but I am a human being as well. I feel I can’t fight any more. I feel I can’t survive this.”
The Government said today it was “disappointed” that it could not deport the killer. A Home Office spokesman said: “We believe that foreign prisoners who have committed serious crimes should face automatic deportation from the UK at the end of their sentence.
“We are disappointed that the courts have not upheld our decision to pursue deportation in this case.”
Lawyers for Italian-born Chindamo, now 26, had argued that deporting him to his home country would breach his human rights.
They said that he no longer had strong links or family ties with Italy because he has been living in Britain since he was five years old.
The Home Office had argued in the central London tribunal that deporting Chindamo, whose father is Italian and mother is Filipino, was conducive to the public good and was not disproportionate.
Mr Lawrence, 48, was attacked when a gang of 12 youths led by Chindamo went to attack a boy who had quarrelled with a pupil of Filipino origin.
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Does anybody agree with more than 5% of cases brought under the Human Rights Act? A liberal national newspaper recently depicted about 20 cases they agreed with on the front page and I only agreed with one of them.
I support the rule of law. I do not think that the population would support more than half the cases brought under this whingers' charter. Therefore we should vote for the law to be scrapped.
The prisoner in this case would then be welcome to use other British legal arguments to remain given how long he had been here. The result would be equally fair (but possibly different).
Michael Pritchett, London,
Once again, the Foreigners' & Criminals Rights Act comes up trumps for a convicted murderer.
Does this government understand the meaning of sovereignty? Does Britain have a government whose first duty is to the safety and welfare of its citizens? Could any British government have the courage to create laws that protect British sovereignty and the lives and rights of British citizens? Apparently not. Our self-serving, mealy-mouthed washouts would rather mouth platitudes and bow the knee to our European masters.
John Blackley, Austin, TX, USA
Ref killer of Philip Lawrence. Surely, we, the population of the UK, have the Human Right to be rid of such killers as Learco Chindamo by deportation. Remember, when, not if, he is released Mrs Lawrence will be without her husband, what about her Human Right to walk the streets with out such killers around, who may kill again.
D J Peppitt, Twatt, Orkney/UK
We constantly speak about human rights We never seem to talk any longer about civic responsibilities.
In reality a life sentence now means 12 years in prison. Why does a life sentence not mean exactly that,or at least a significantly longer spell in prison? When did human life become this cheap?
If sentences were as they should be, we wouldn't even be having this discussion. We have lost all sense of balance, fairness and responsibility towards the victims of crime.
Helen, London,
Once again the justice system betrays the people. I was amazed to see the solicitor fro this creep on TV saying
" Mr Chindamo will be an asset to this country when he rejoins society " Why not let him be an asset to the Italian society ?
Henry, London, UK
Didn't Chindamo lose all his Human Rights when he murdered an innocent and unarmed man? This country is mad - with all the current news relating to murders, stabbings, youth out of control etc - when are we ever going to learn?
Sarah Howes, Reigate, Surrey
The ruling sends out a message that you have a license to kill. And despite the fact that you come from a safe EU country, a sovreign state is powerless to protect its citizens.
This just shows that the Human Rights Act while wellmeaning, does not consider the rights of society as whole and provides protection for criminals on an equal basis as law abiding citizens. This sends a message to everyone that you can murder, and yet we can't exclude you from our country to protect society as a whole.
The lawa should be amended to take account of the greater good and the rights of society and protection and national security of our very nation.
Karl, London, UK
For such violent crime there really should be stronger deterrents, if the value of human life has such a low costs in society, then it needs to be enforced by the consequences of the law.
There is too much gun and knife crime on UK streets; surely it is time we stopped wasting resources on community support officers and recruited armed police offices; long prison sentences for carrying offensive weapons, if life has such a low cost in our society it needs to be protected and enforced by law.
Violent thoughtless murderess crimes of intent should warrant capital punishment.
David Ewart, Croydon, England
This just shows how much the ruling government and the Justice system is out of touch with the feelings of the electorate.
When are they going to get it into their heads that there is a growing feeling of Injustice in this country and a growing rift between what the law abiding Briton demands and what they recieve.
No wonder there is growing disaffection with politicians.
Nigel, Wimbledon, uk
N O W is the time for all level headed people in Britain to march (physically) behind Mrs Lawrence and her family down to the House of Commons/Foreign Office in order to show how the ordinary folk feel about this case and many other similar cases.
If a person is given shelter and protection in a country not of their origin and then misbehaves badly and is imprisoned it only stands to common sense that they have given up their right to further protection and they should be told this on entry into the UK so there is no mistake.
One strike and you are out. We are talking about murder, gun and knife crimes not petty theft.
Ena Lynn, London, United Kingdom
Utterly absurd.
Philip, Newcastle, UK
In response to Simon Cronin's comments regarding "white people" & "socilists" (sic).
I fail to see the link between the manipulation of Human Rights legislation and left wing politics. As a British born, atheist caucasian male, I also find it gravely insulting that he should imply that a christian way of life is "ours" in secular Britain.
The use of such legislation to prevent his deportation is nothing short of despicable. I also agree that Chindamo, and all other convicted killers, should have effectively surrendered his claim to protection under this act. The issue here is not race, creed, nationality, religion or political persuasion.
The only people to have lost in this situation are Mr Lawrence's family, not the portion of the Biritsh public with a lust for revenge.
Adam Jennings, Chester, UK
a balance needs to be struck between the rights of the many and the rights of the few otherwise society will breakdown. history has taught us this time and again from the fall of the roman empire to the revolutions in france and russia. people feel aggrieved that justice has not been seen to be done and feel, understandably, powerless. it is the responsibly of the government to implement laws for the good of itâs people and a cohesive society.
steve, Leeds, Yorkshire, UK
Human Rights Law has nothing to do with the deportation of Mr Chindamo. The law allows anyone convicted of a crime convicted of a crime is entitled to deport a non-national who commits the crime.
The hypocrisy of some people is shown up when they clamour for non British terrorists imprisoned in Guantanamo Bay, to be released and brought into Britain, even though they are dangerous terrorists.
Peter Sammut, Southampton, UK
If the Human Rights Act is to mean anything it should protect people like the Lawrence family. When it is used to protect the murderer of Philip Lawrence, is it any wonder that we loose respect for it. If a law cannot protect the innocent, it is not worth the paper it is printed on.
Martin Hayes, Devon, England
Welcome scum. Any old undesirable should be allowed to remain here because it is in their best interest because of their human rights is laughable. The first duty of any government is to protect their own citizens it is our collective human rights that this useless piece of filth is allowed to infest another country he has done his worst in this one.
B. Bennett, Portsmouth, ENGLAND
To Z. I really hope you and your family never have to go through what the Lawrence's have gone through. Do you really think 10 years is long enough for the brutal crime this man committed? I don't. The so called human rights laws are there only for the criminals, they never seem to apply to the victims. As for his wife being the last person who should comment? She has a damn site more right than anyone. I'm pretty sure that when they carry a post mortem out on you they will find a lump of stone where your heart should have been.
John Moore, Bradford, England
The murderer's lawyer uses the word disproportionate. It is, but not in the way he means. The quiet dignity and courage shown by Mrs. Lawrence and her family is "disproportionate" to the vile act of murder committed by his client. To many of us his release next year is "disproportionate" to the sentence of life imprisonment. To be sent back to the nation he belongs to is not disproportionate - just more difficult in his case. Let him see it as part of the never ending act of contrition for a heinous act that should now be the focal point of his life. If in twenty years time this murderer has proved his contrition by living a useful life then that might be the time for this nation, and more importantly for the Lawrence family, to accept him back. That at least has the semblance of proportionality, it may even be just.
David West, Templecombe, Somerset
Any person who has taken the life of another, ought not to be entitled to these rights. This man should have been deported and the three stupid judges sacked. Most decent people in this country are heartily sick of this sort of thing. All foreign criminals should be deporterd immediately, they do not deserve the same rights as law abiding citizens.
Clive Burghard , LANCING, ENGLAND
How can it be that British courts are considering the human rights of a person not of British origin in respect of his 'right' to stay in this country when he has clearly thrown that right away by disregarding our laws whilst on British soil. What lunacy is this? What about the schoolteachers human right to live, peacefully in his country of birth without being attacked by a foreigner, and what of his widows human rights? surely then we must consider her feelings, if he is to be allowed to stay in this country, it should be at the widow's liberty to take about this criminal with an axe, or otherwise instrument designed to inflict damage and take her revenge? But no, the law in this country protects those of different cultures from our fine historic traditions, so why then are we not protected from people of Chindamo's ilk?
I can see a time of revolution coming to this country and I for one volunteer for the front line when it happens.
Stuart Booth, Northampton,
This sort of decision does absolutely nothing to stop the hideous amount of voilent attacks that seem to be increasing day on day. Take a life and you should serve life, forget all this human rights rubbish, how much did this killer believe in human rights when he committed the crime. Its makes me laugh how these people change their tune to suit and how the solictor can say 'He strikes me as a very reformed, very nice, very thoughtful person' is beyond belief, would he be saying the same if it was his family, I doubt it, but then again he's being paid (by us the taxpayer) to say so. The law quite frankly is an ass.
DARRON CARNALL, YORKSHIRE, UK
He came hereat 5 years old. Therefore he became criminally inclined in this country. He is our problem.
Ciao!
Gerry, Reading,
Mr. Broadbent , you would'nt be saying this if you had lost your wife/daughter/son/father to such an atrocity. Think about the society around you... would you like this person to be lurking around the same area as your kids or where you live !
Deporting him to Italy might not be the right thing because of many reasons, not the least that he would probably find his way back to the UK faster than you think !
I can see Ken's point which is a form of life imprisonment, but there is no silver bullet answer to this unfortunate element in our lifes which has plauged humanity since the beginning of time.
Sunil Mahajan, London, UK
I agree with the last comment. I also think that Chindamo should be deported to where he came from. When he took the teacher's life, he lost all rights. He may have been 15 at the time the crime was committed, but he knew right from wrong didnt he! We hear that he cant speak Italian. What about the thousands of illegal immigrants and so called asylum seekers that flood this country - do they all speak English?
V, london,
Human rights should be weighed against a decent law obeyed citizen and a deliberate criminal.
Al Kannu, London, UK
Again Human Rights seem to forget that victims have rights too. What confidence can we have in the law and justice if it is constantly being turned to favour those that do wrong. How, in this day of escalating crime which often leads to the death of an innocent person, can the Rights of the perpatrator be more important than that of the feelings of the victim. 4 1/2 years for taking someones life then being supported by the taxes of all, including the person whose life has been devastated is a crime in itself.
Liz, Rinteln, Germany
This is an entirely just ruling. You cannot necessarily deport someone having moved to the UK when he was 5. If he has served his time he has served his time.
Why on earth is this a leading news story. Cant you all find something more important in the world to get angry about?
Sam, Portsmouth,
The answer is simple. Everyone is entitled to and accorded Human Rights at birth. These rights should be reduced throughout life if the criminal law is breached due to the behaviour of the individual. The ultimate crime of murder should mean complete forfeiture of all 'human' rights and the protection of any human rights legislation. Q.E.D.
B.W.Markland
Brian W Markland, London, U.K.
Of course he can't be deported. If he hadn't been born in a European Union member state he would have applied for British nationality before committing the crime, and he couldn't be deported then. As an EU national, there was no point. His entrie family is based in the UK - and they would have to move to help him out. Where is the justice for them? While the Lawrence family might be devastated, there's no difference between them and any other victim's family. They are seeking an additional benefit as a result of his arbitrary nationality. I feel for them, but his being in the UK has no effect on them really, but a great effect on him. He was sentenced according to guidelines and laws laid down by the government (not judges, please, learn how the judicial system works people!), and has served his term. It was disappointing to hear the Home Office spokesman talking about forfeiting rights. You can't forfeit a right - that's the whole point!
Daniel, London,
When someone has been in the UK since he was 5- he then is to all extents and purposes a British Citizen- he is same as all British killers- when he is deemed to have served his debt to society- he should then be released from prison in Britain- whether he should be released or not is a different matter entirely.
Vinny, Staffordshire,
Why should Italian citizens be forced to bear the burden of one example of institutional failure in the UK? Italy had five years or less to improve him, you had ten before the incident and every year after. I'd say the later groups were more relevant. You allowed the conditions that produced and raised him, thus, you have earned the responsibility to retain or reform him. Deporting him would be irresponsible at best, and an example of racist xenophobia at worst. Where's the stiff upper lip gone?
David, New Orleans, LA
If I were to commit any serious crime in another country, I would expect to be deported when released from prison. The same should apply in this country. This guy has taken someones life, where was the human rights in that!
chris, seaton,
z frrom london, you need to get a grip on life the real world i think they call it, this youth took a life in cold blood 25years minimum sentance then we consider parole, and then we deport this so called refomed youth/man!
steve hamill-mcewan, cheshire, england
Regardless of the human rights issue, if this young man has reformed as we are led to believe he has, then why are we hounding him? It sounds as though he has shown remorse for his crime and has reformed his character. He should be held up as a shining example of what the prison system should be about.
I am desperately sorry for the Lawrence family but what's the point of building a newspaper campaign around a very obvious and predictable reaction - of course they don't like him - he killed their husband/father - but what of the rest of society? Are we not capable of seein the wider picture any more?
Nick Broadbent, Tunbridge Wells,
Surely the question of whether or not Chindamo is deported is less important than that of what kind and degree of punishment is appropriate for his hideous crime. If he is sent to Italy there is no certainty that the Italian penal system will exact sufficient punishment. As capital punishment is no longer available and has in any case been shown to be incapable of fulfilling any of its claimed aims (deterrence, retribution, prevention), there should be a form of life imprisonment, i.e. imprisonment until death by natural causes, that exchanges life for life without inhuman treatment.
Ken Davies, Paris, France
Just another valid reason for Britain to extricate itself from Brussels ridiculous Yuman rights laws.
steve lloyd, swansea, west glam
what a disgrace ! the judge who made that ruling should be placed in jail ...and we should throw away the key !
chris harris, paignton, devon
Sums up just about everything that's wrong with Britain and its self serving legal elite.
Jonathan, Auckland,
Britain should opt out of the human rights act if the present interpretation of the act fails to protect the law abiding citizens of this country. Time and time again the government has been defeated in its effort to deport every type crminal or terrorist.
I must say, Chindmo's lawyer has given him a glowing testimonial, with such a testimonial surely he would be able to learn the Italian language very quickly!!
william miller, EXCIDEUIL, FRANCE
Amazingly enough while also trying to act big when I was 15 I managed not to stab anyone at all. Nigel Leskin should get out a bit more, Life should mean a minimum term of twenty five years when there are extenuating circumstances, otherwise whole life.
Arnold Ward, Weybridge, Surrey, UK
These sort of decisions based on lunatic laws just make people feel helpless, perhaps that is the underlying purpose of them, in other words subjugate the masses. The whole European project stinks of this approach.
ADScott, Bangkok, Thailand
Great to hear that this reformed murderer will be freed in about a year's time and then not deported because of his Human Rights. Nice one, Your Lordships!
I hope that Mr Chindamo becomes the next victim of the knife culture that he and his associates aspire to. With such an incompetent judiciary, there's really no other means of achieving justice for the Lawrence family, let alone THEIR Human Rights.
Oh, and with a little bit of luck, hopefully their Lordships may in the meantime suffer the indignity of the odd burglary in the hope that they start to understand what life in the real world is currently all about!
Maxadolf, Epsom, UK
The whole country is like a madhouse run by the lunatics.
Leaving aside the issue of hanging, the taxpayer should not be burdened with providing board and lodging for this creature.
Now that he is deemed to have served his "life" sentence (this in itself is a farce) we should be rid of him and return him to his homeland.
Can't speak Italian? He has had plenty of time to learn.
As for the European Human Rights legislation we have never needed it and it's presence in our legal system is yet another example of our feckless government - of both persuasions.
Sandmac
Alex McCowan, Edinburgh, UK
Complete madness , once again the Human Rights of a convicted Killer come before the Human Rights of the Victim and his family. Why after being given an indefinite prison sentence is he being allowed out as early as next year. He should stay in Prison for the rest of his life. Mrs Lawrence and her Family have been given Life Sentences which they don't deserve.This Killer gave up his Human and Civil Rights when he took the Knife to Kill Mr. Lawrence. I hope that the Home Office appeal against this Stupid Decision by the Asylum & Immigration Tribunal & that this Government take the members to that Tribunal to Task or replace them with people living in the REAL WORLD.
AMAC, St.Helens, England
This is what happens when the emphasis is put on rights and not responsibility. Much easier for activists to convince people that they have rights than that they have responsibility, so you now get a lopsided world where no one want to act responsibly, but everyone wants to claim their rights.
hazh, Oxford,
He is mad to want to stay here. Some fool will kill him. I would not approve but it is simply bound to happen.
Steven, Worthing, West Sussex
Of course Chindamo should be deported. He will come out of prison and be given a flat, paid for by UK taxpayers.
The system seems to be on the side of these feral youths who roam the streets at night threatening, intimidating, and murdering the rest of us.
In Italy this man would not get such an easy time as he will have here, and that is why he doesn't want to go there. The rest of Europe do not put up with feral youths as much as we do. In France they are sent off to approved schools, (boarding schools in the country) where they learn discipline.
A teacher can be murdered here and the rest of us just shrug our shoulders, what has the UK become ?
Andy, London, UK
Scrap the Human Rights bill. It just serves to keep scum in this country at our expense in every sense of the word. Other countries would not think twice about deporting foreign nationals. If they can do it, so can we. No excuses.
isobel, London,
We should deport these stupid judges! How dare they pretend to administer 'justice.' They are totally out of touch with the public and should be sacked - the whole lot of them!
They are obsessed with 'legalism.' To hell with the morality.
Steve, London UK,
Good to see the vice-chairman of the Police Federation thinks 'life should mean life' - shockingly the majority of murders fall under the minimum term (time to be served in prison) starting point of just fifteen years for killers aged 18+......just fifteen years in prison for deliberately taking another's life! What message about the value of a life does that send to our society? Members of the public who agree the 15 year starting point is too low must start lobbying their MPs to press for a drastic increase.
Kat, Kent, UK
If the murderer of Mr Lawrence is truly remorseful he would not fight deportation .The comfort and peace of mind of victims families should be set a long way above the "rights" of criminals.Any foreign born criminals, murderers ,rapists,paedophiles really must be chucked out the minute they have served their sentences.Anything else is complete madness.Chindamo may be inconvenienced by having to live in Italy but he has not really served life.Mr Lawrences family really have to serve life and they must be protected from any further emotional torment.What ridiculous statutes have we signed up to.
Frances , Tunbridge Wells, UK
what about the human rights of the white people living in this country of ours. Is it not time we stood up for ourselves and stopped listening to the bleedind heart socilists that are ruining our country.Its about time we kicked all those out of our country that do not conform to the laws of this land. There is know doubt that our christian way of life is under attack from the left wing of this Goverment who would surport the rights of any foreiner than stand up for our own people
simon cronin, winchester, hants
Oh dear, the poor boy can't speak Italian and that fact overrides that fact that he murdered a teacher in cold blood.
Our country has gone mad.
CA, Manchester, UK
Well here we go again the so called Human Rights of the Criminal seem to come before anything else! How long before imprisonment is against a murderer's Human Rights? This is yet another example of what is wrong with the Human Rights Act this guy is an Italian citizen it was not planned to send him to some unstable African country but to mainland Europe maybe is that no longer safe?
A Seymour, Peterborough, UK
i notice his lawyers didn't argue for him to remain in jail, after all, he's spent more time there than anywhere else
Phil Barnes, preston,
If it's a breach of someone's human rights to go to live in a country where yoy don't know anyone and don't speak the language then the same logic would dictate that we would have to reject virtually all asylum claims into this country - in fact halt most immigration - in order to to protect those same rights. Of course that would be ridiculous as is the decision re the murderer. I once took my girlfriend on holiday to Italy. We didn't know anyone and we didn't speak Italian. Maybe she should complain that I breached her human rights!
O Barclay, London, UK
The Human Rights Act is not to blame for this travesty - it is the way it has been interpreted. This man is an Italian national and should be deported. I am very concerned that unlike a Court of Law we do not know the names and qualifications of the persons who sit on these Tribunals.
We are in an absurd situation; we cannot deport criminals to countries who we fear will abuse the human rights of their nationals - even if they commit acts of terrorism here. Now we cannot deport this man to a country whose where his rights would not be abused. The gentleman of Polish ancestry misses the point. He is presumably a British national - this murderer is not! Of course family members of victims cannot be given the right to control the outcome of offenders but like them, many people feel there is a complete lack of moral legal certainty in relation to criminality and more than anything this will undermine people's trust in the institutions of justice. God help us then.
Carole May Coote, Pontypridd, Gret Britain
this is what we must expect, we are governed by the EU who have imposed this law upon us and is rigorously enforced by our slavish legislature and government. They are hoist on their own petard.
The innocent victim has no rights.
matt jones, kettering,
I just hope that if Chindamo kills again someone doesn't infringe Mr Leskin's human rights to have more children!
This shows the difference between Justice & The Law.
John Clark, Warwixk, Uk
If he has reformed, why continue to punish him? The purpose of prison is to rehabilitate and if this man has changed then it has succeeded and there's no reason to keep spending thousands of pounds keeping him incarcerated. He has been punished too as he has spent 10 years behind bars. We have to trust that the parole board won't release him unless they believe he is no longer dangerous.
Also, Italy is in the EU, so we can't keep him out of Britain anyway because of free movement of people. Also, if he's not an illegal immigrant then I can't see the justice in sending him to Italy. My great grandparents were Polish, should I go back to Poland if I commit a crime? We can't just deport people we don't like the look of. Its not the 1800s anymore.
And I'm afraid that the victim's wife is the last person who should comment on this situation. Justice is meant to be blind.
Z, London,
Unbelievable. What about the Human Rights of Mr Lawrence's widow and children, as well as the rights of the rest of society to be protected from a man like Chindamo. The message this sends out is that any terrorist, psychopath or criminal is welcome here
Richard, Bexhill, UK