Richard Ford, Home Correspondent
2 for 1 tickets to Singin' In The Rain, this coming Monday. Book now

The widow of Philip Lawrence, the murdered headmaster, last night attacked a decision to allow her husband’s killer to remain in the UK because deportation would breach his human rights.
Frances Lawrence said that she was “devastated” to learn that the Italian-born Learco Chindamo, 26, has won his appeal against being sent to Italy if the Parole Board agrees to release him from prison.
Mrs Lawrence said that she was “demoralised” by the ruling that Chindamo should not be deported because it would breach his right to family life under the Human Rights Act. She said: “I am utterly depressed that the Human Rights Act has failed to encompass the rights of my family. I feel that I have always been a staunch advocate of the Human Rights Act but it must encompass some responsibil-ity. I can’t fight any more. I feel I can’t survive this.”
The decision by the Asylum and Immigration Tribunal renewed the controversy over the Human Rights Act and the Government’s expressed desire to deport foreign criminals who have committed crimes in the UK.
Last month Gordon Brown said in an interview: “If you commit a crime you will be deported. You play by the rules or you face the consequences.”
But lawyers for Chindamo argued that the attempt by the Home Office to deport him to Italy, where he had not lived since he was 5, breached his human rights.
Last night the Home Office said that it would appeal against the decision. The department was trying to remove him on the grounds that his presence in the UK was “not conducive to the public good” and that deportation was not disproportionate.
A Home Office spokesperson said: “We are disappointed that the courts have not upheld our decision to pursue deportation in this case. We believe that foreign prisoners who have committed serious crimes should face automatic deportation from the UK at the end of their sentence.”
The killer’s lawyers told the tribunal that deporting their client was illegal as he was from a European Union country and had lived in the UK for ten years by 1995.
The case was unusual because the tribunal also had to take into account Chindamo’s length of continuous residence in Britain even though almost half of his 21 years in the UK have been spent behind bars.
Nigel Leskin, Chindamo’s solicitor, said that it would be “disproportionate” to deport him because he had no connections with Italy and did not even speak the language.
He told the BBC Radio 4 PM programme that Chindamo was a reformed character who was unlikely to offend again. “He was involved in a gang when he was young. He was a kid trying to act up big. He was out of control and he thought he knew everything. He now realises how wrong he was.”
Chindamo was jailed for life in 1996 for killing Mr Lawrence, 48, outside his school in Maida Vale, West London, in 1995. The head teacher 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. The father of four was punched and stabbed by Chindamo and died the same evening.
Chindamo, a member of the Wo-Sing-Wo gang — which aspired to be the juvenile equivalent of the Triads — has always claimed another youth was the killer. He claimed that he was the victim of mistaken identity because the other youth was wearing his jacket, and that he was 30 feet away from the murder scene.
He was ordered to be detained at Her Majesty’s Pleasure and told that he must serve a minimum term of 12 years before he could be considered for release by the Parole Board. His minimum term expires next year.
Chindamo, who was 15 when he killed Mr Lawrence, was told the news that he could remain in the UK at the weekend. He was said to be “pleased” because his “family and life were in the UK”.
He was said to have hoped that the decision would not “cause grief” to Mrs Lawrence or her family, to whom he expressed “deepest sympathy”.
Chindamo was being prepared for release and while in Ford open prison, West Sussex, had been allowed out. But last summer at the height of the foreign national prisoner scandal he was one of hundreds of foreign inmates moved back to a closed jail.
His father is Italian, his mother from the Philippines, and he has an Italian passport. He is understood to have had little contact with his father, who was jailed in Italy for 15 years in the 1990s for hurling acid in a woman’s face in a row about drugs.
Yesterday David Davis, the Shadow Home Secretary, said: “It is a stark demonstration of the clumsy incompetence of this Government’s human rights legislation that we are unable to send a proven killer back to his own country, especially when that country is in the EU.”
Alan Gordon, vice-chairman of the Police Federation of England and Wales, branded the decision as “absolute madness” and said he hoped that the Home Office would “appeal against this ludicrous decision”.
There is no deterrent in the UK to make any potential killer think of the consequences to himself /herself should they murder another. In this case there is no doubt that Philip Lawrences murderer Chindamo should be deported. What use is he to England any how, he has spent more than half of his 21 years in England behind bars at tax payers expense.
The next problem with this Country is teenage pregnancies yet again no deterrent to stop and make them think before they get pregnant. Pregnancies can some times be a mistake, but it's not third world here and contraception is freely available. The kids get a free ride, benefits plus free accomodation. Because a good majority of them haven't been disciplined themselves they are incapable of teaching their own babies/children of respect to others, a lot of these new additions to life, will be the next load of known criminals and murderers.
LESLEY JAMES, AHSFORD, MIDDLESEX
As a British Citizen since birth what rights do I actually have anymore?Can I move to another country in the EU and claim asylum on the grounds that my human rights in the UK have been eroded so much that I have none anymore?
That begs the question .... which country? Where would I get the same level of living and benefits that non British citizens enjoy in this country?
Sue Taylor, Banbury, UK
The question we have to ask, unfortunately, is: how did the judiciary and the Home Office get captured in this way to protect the interests of criminals?
The idea that Britain "bears responsibility" because he has lived here is tendentious rubbish. He was not born here; he is not a citizen; we do not share a social responsibility for his welfare; and he has forfeited any moral right to request it. Out!
Smith Jones, London,
Re additives
It is not only food and drink which contain allergy-inducing colourants (additives). Some pills presicribed by doctors and dentists are coated with E additives. They should be banned from all medicines.
Ann Spokes Symonds, Oxford,
Donate South Georgia to the EU, to be run as a prison camp for all EU killers sent to jail for life. Not much chance of getting away and minimal security required.
Run with EU funds, of course.
Peter Lloyd, BLACKER HILL, South Yorkshire
In my opinion anyone who commits heinous crimes like this should lose any protection from human rights laws. Our criminal justice system is beginning to loose the plot and in danger of becoming a laughing stock.
Don J, Oxford, UK
Chandamo's Hunan Rights? What a sham. If we deported cold hearted violent killers like this fella, to Italy, he would still have human rights as he lived freely and in safety in Italy. Meanwhile, we all have to share our country with someone who stabbed to death a kind and caring family man, who stabbed him and then denied he had committed the act and then said he stabbed his victim by accident. Human Rights? It should be called Human Rights for Perpetrators over Victims. Make no mistake, this was not a crime against one man. It was a crime against all of us - something the Human Rights Act fails to recognise. With our Euro agreement that all Europeans can travel where they choose within Europe, we are sadly stuck with the prospect of foreign killers being able to kill and then leave/return as they choose anyway. What a sham.
weedenbroon, wirral, UK
If criminals have to stay on Briish soil, how about using the expensively maintained Falklands or South Georgia? Lower costs and less chance to escape!
John, Southampton, Hampshire
While my sympathies are wholly with the widow of Phillip Lawrence and her family, I can't see how Mr Chindamo could possibly be deported, as both Italy and the UK are parts of the EU. Isn't it the same as trying to deport someone from London to Glasgow? The only difference is that he'd need a passport or ID card to re-enter the country from Italy.
Cirep G Nol, London,
Carol Sarler in THe Times today clearly doesn't read your newspaper as she clearly hasnt read the articles about Princess Diana by Germaine Greer and Rosemary Righter
L. McClelland, Burnham-on-Crouch, Essex
Arguments that this is the correct legal decision ignore the underlying truth that the law was not created nor approved by the people of the UK. Like all EU involvment, it was adopted by stealth with assurances but politicians, who are either stupid or invidious, that these agreements don't mean what they clearly mean on the face of it.
Time for the people of the UK to stand up and start undoing the damage and directing their pols to do the people's will.
Michael , London, UK
The Human Rights Act has been the source of many bizarre judgements that defy logic and fly in the face of natural justice. The Chindamo judgement is just another example of British judicial incompetence. It is a bad piece of legislation that serves only to line the pockets of lawyers and frustrate those who witness insult added to injury.
Don J, Oxford, UK
I have no doubt that the decision of the Appeals Tribunal in the case of Learco Chindamo is the correct one. When an adult deliberately migrates to another state in search of a better life-style or a safe haven but then abuses the hospitality and mores of that country, it is clearly appropriate to recommend deportation in such a case. Where the offender was uprooted from the country of his birth at five years old and abruptly exposed to a very different culture, a wholly different set of criteria must be applied. Italy may have borne Chindamo but England made him and it would seem pusillanimous to disclaim any responsibility and to foist him upon Italian society which will find it far more difficult to monitor and supervise him and prevent a descent into further offending especially given the fact that his non-Italian mother and family all reside in Britain and that English is de facto his only spoken language.
Graham Louden, Southampton, UK
I think people are missing the point that a governement of this country democratically elected by US the people, legally entrenched us as part of the EU. A consequence of this is being bound by the European Covention on Human rights whichin this case dictates, and is proportionally correct that a criminal however serious his crime should not be sent to a country where he has not lived since the age of 5 and has no links whatsoever. The legal decison in this case is entirely correct. We have this countires foreign policy to blame for this turn of events and nothing else.
James, London,
Frances Lawrence is expecting to much in thinking that we can simply deport home grown murderers to the Country in which they were born and which they left with parents when 5 years old. the continued cost of his monitoring and rehabilition has to be born by the country that nurtured him.OldWavertonian
Gerald Morris, Waverton, Chester., England
I do not want to see anyone having to endure the heartbreak of losing a loved one under violent circumstances. However, the painful feelings of loss for the victim's family will not change in the slightest whatever the punishment handed out to the criminal. It is natural that the family should want revenge but justice based on feelings is the fastest way to undermine our rational system of administration of law.
We should put as much effort and money as possible into finding out why some people consider it acceptable to carry weapons whose sole purpose is to inflict injury on others and also take all steps possible to remove guns and knives from our streets.
The liberty of the citizen does not extend to the liberty to inflict harm on others.
John E, Exeter, Devon
With a gullible judiciary and a gutless government, there is an obvious need for a public sprited citizen to do a Jack Ruby the moment Chindamo hits the English streets!
Mike Bibby, St ALbans, England -not EU
Dear Sir,
Not long ago people in this country were deported for the most minor offence which helped to make up the Empire but nowadays the inference that murder,even though a capital crime,becomes an excuse for deportation,is a sudden reminder of our cruel past when no challenge could be made against the Empire's Legal System.Our murderous society is doomed to looking into the mirror more often than it has and by doing so perhaps will bring to the fore front a cure for the multiples of various crimes committed by so many young people with or with out a pass port who are themselves victims of a personalsied order who truely believe they have a duty to protect their criminal intent to do wrong .
David T Williams , rhymney , Wales
I do not see why this individual cannot be deported to Italy. After all, he is a citizen of Italy and not of Great Britain. He is what would be considered a criminal alien in the USA which is grounds for deportation. After all he took a life for which the victim's family has suffered and is continuing to suffer due to the loss of the bread winner. I would say, deport him.
Claire, Florence, SC, USA
I always like it when on gets a chance like this to see (1) the usual our penal policy isn't up to it, the HRA 1998 should never have been passed, etc... and (2) the usual politicians jumping into the limelight.
FACT: We wrote the European Convention of Human Rights apparently for others who couldn't govern themselves (even though they can now run their NHS more efficiently build cars and run a transport system).
FACT: Before the HRA 1998 was passed we were one of if not the prime offendor/s in Strasbourg and the laughing stock of Europe as a consequence.
FACT: There are two elements to sentencing, deterrence (Chindamo has passed this stage) and rehabilitation (Chindamo has begun this stage).
I feel very sympathetic to Mrs. Lawrence, but for others, some of whom only want the publicity, to get involved is perhaps equally disturbing as this crime that was after all committed when this man was a juvenile.
Pete Balchin, Solicitor , Bristol, UK
Memo to the terminally ignorant EU law rules this out. Citizens can choose to live and work anywhere in the EU. The Humans Rights Act covers this ground but is not solely or necessary or responsible for this judgement.
I would love it if other countries (as Australia did to much whining) start sending us their nonces and murderers who 20+ years ago were born here... Oh the cretinous outcry. Consider we now lose 100s of thousands of whining self righteous emigrants abroad according to the Daily Mail.
BTW Mrs Lawrence has the same human right as the rest of us. It is odd that people can on the one hand condemn this country for having too many human rights and then demand and extension for people related to the victims of crime. The whole knee jerk illogicality and to be honest stupidity baffles me.
Ideally I'd love every murderer to leave this country and not come back. It won't happen and this case is pretty clear to anyone who knows about the Jean Marc Bosman case.
Jonathan, Feltham, middlesex
What actually are Human Rights. No-one is suggesting removal of Chindamo's Human rights..he will have life, freedom and opportunity.( all the things he took from his victim ) Deportation to Italy will certainly make his life more difficult as has been that of Philip Lawrence' s family .Since when was it the job of the Human Rights Act to uphold lifestyle prefernces.
Gill Lane, Nottingham, UK
The feeding frenzie on a murderer who will serve his debt to society,and undergo continues assesment for the rest of his life. Thats the system,every day similiar prisoners get released into society without the freeding frenzie of the press and do gooders,
michael joseph heavey, cahersiveen/adams town,
We need to publicly name and shame the Minister responsible for signing this human rights act, and if he or she is still in the government then we need to sack them.
Kevin Wells, Deal, ENGLAND
This case reveals the impotence of our Government in the face of European law. It is EU Community Law that is preventing this individuals deportation. The UK is rapidly becoming a province of a State called Europe. We can start to reverse this trend by demanding a referendum on the latest European Treaty.
Michael Smith, Birmingham, UK
Well, if the guy has served his sentence and is being released lawfully, I don't see why he should be deported. He is either a 'dangerous criminal', in which case he should stay behind bars, or he is a 'former convict who has paid for his deeds' (whatever this means), so he should be allowed to go wherever his EU passport allows him to go - just like anybody else. Do people really prescribe to the idea that "once a criminal always a criminal"?? Surely this cannot be tolarated under any definition of human rights, so don't be surprised when this Human Rights Act doesn't tolerate it either. Not to mention that the guy apparently 'became a criminal' in the UK, so it is the UK that should pay the bill - not poor old Italy...
Vassilis, London, UK
This young man committed a despicable crime when he was hardly more than a child. He has spent most of his life in Britain - and in jail. It makes no sense to return him to a country from which he came at the age of 5 and with which he has retained no apparent connection either familial or cultural..Send him back to Italy and the vast sum we British taxpayers have paid for his rehabilitation will be wasted by deporting him to a place where he has little or no support for restarting his life. Give him a chance - and keep him firmly but kindly under watch.
Paul Bell, London,
The logic of this tribunal defies belief. He will have the right to a family life but it will have to be elsewhere. As for his inability to speak Italian perhaps he should have used his time in prison to learn it.
Paul Turnbull, Alverstoke, Hants
The repatriation of Learco Chindamo is prevented by EU Community law, another example of EU law holding sway in the UK. Any citizens concerned by increasing European interference in this supposedly sovereign country might want to visit petitions.pm.gov.uk/EU-treaty-NON/.
Michael Smith, Birmingham, UK
I can see we have a problem if he has been brought up in this country, but he clearly has not learnt any respect for its people or way of life so why not give him the choice.
Stay in Jail or leave the country. That way we protect our Human rights, and give him freedom of choice.
I believe anyone connected with terrorists should be returned to their native soil as soon as possible, judges who allow them to stay should be accountable for these peoples actions if they allow them to stay.
Sylvia, St albans, hertfordshire
Sorry, but why is anyone aat all surprised by this. Surely we all know that as well as being allowed to stay here, he will no doubt be given a new identity and help to start a new life, financial help, help finding a job etc. We all should know by now that the victim counts for nothing in this country and if it was not for victims there would be no criminals, therefore, it is the fault of the victim QED!
A Thorn, London,
Why is our own liberal Establishment so mired in self-loathing that they place the interests of foreign criminals above those of our own people? Chindamo has a foreign pasport and the executive branch of government should have an absolute right to determine which foreign nationals stay here and which do not. Ms Holmes' version of a Humanity that places the rights of criminals over victims is completely mistaken and is a cause of disgust, not pride.
J B Mundy, West Sussex,
This decision will undoubtedly be upheld on appeal and declarations from the Home Office and Justice Office that it will be "vigourously appealed" are mere macho posturing. Chindamo is an EU citizen and has the right to live in any nation within the union. Having lived in the UK for over ten years prior to his conviction he has a permanent right to remain within the country. Regardless of the above, he came to the UK as an infant and has lived in the UK for 22 years. He has no family in or connection with Italy and cannot even speak the language. To all extents and purposes, he is British. This nation failed to raise and educate him and he remains our responsibility.
Delightful as it is to hear from our friends in the New World, we have plenty of folk here in the UK who become sexually aroused by the idea of hanging and flogging so you really do not need to bother yourselves to contribute your inhumane, uneducated burblings.
Billy, London,
I am bewildered. First we were told that we could not deport undesirables to their country of origin if they might then be in danger of abuse or worse, torture. Now, it seems, we are unable to repatriate murderers to countries in the EU, countries like ours, where one imagines, no such threat to their wellbeing exists. I would be interested to know how many UK citizens are sent back here after committing crimes in other countries.
Jenny Hedin, Gillingham, Dorset
Should not this be the final affront to the law-abiding British public? The human rights of criminals takes precedence over that of the general public, ENOUGH I say ! It's time to consign The Human Rights Act to the dustbin and restore common sense to the failing justice system of our once respected country. The leaders of the ailing Tory party should take note!
R.B., Leicester,
What about the rights of the residents of Italy? Is it right to force Italy to deal with a criminal developed in the UK? Chindamo came to the UK at 5 and committed his crime 10 years later, and is arguably more UK than Italian. To say he should be deported to Italy implies a belief that his criminal nature is linked to his being Italian-born. He's a product of UK society so surely the UK's responsible for sorting him out. The US does the same with their nationals of Caribbean descent, i.e. they're deported to their birth-country at the end of their prison sentence after being convicted of a crime on US soil. When these persons have spent practically their whole life in the US and know nothing about life in their birth-land, they more often than not revert to their prison-learnt survival skills and become serious criminals in a country/society that did nothing to cause them to be criminals in the first place. Is this fair?
Edmund, London, UK
The thing that annoys me most about this is that it is not the judges fault it is the politicians and law makers fault. It is these people who make and implement the laws the judges just listen to reasoned argument, past presedent and weigh up the result. Their hands are tied. The voters hands however are not tied as we can choose an alternative paymaster at any time.
John, Egremont, Cumbria
This is outrageous, it is also hypocritical to give the Home Officer Minister the right to comment, seeing that it is the Labour Government that pushed through this act, as usual without looking at the consequences.We should all support Frances Lawrence 100% in getting this act repealed.
Carol Bowring, Tunbridge Wells , Kent UK
You can't string the judges up - they interpret the human right law that our government signed up too, stupidly.
Andrew, Cambridge,
Why do I care not because he can't speak Italian. Send him back...
....and guess who's in power - Labour. The name just sounds like hard work.
Poor Mrs Lawrence - God knows what she's going through.
Phil, Preston,
Surely in a "bill of rights" there should be a clause stating that anyone who commits a crime such as murder automatically forfeits their "human rights" on the grounds that they have taken away the basic human rights of another human being and there shold be another "bill or rights" for such people which protects them against torture and inhuman treatment but nothing else. This document should then be made widely available so that no one is in any doubt what will be the consequences of their actions if they venture out with knives and guns.
E. Greenacre, Grimsby, N. E. Lincs
Sorry to go against the grain of all that's being said here but I think the judge was right to allow him to stay. You can't say that a person is a national of another country simply because it may say so on a piece of paper. If the guy can't even speak Italian what chances does he have of making a living or contributing to Italian society? (But that's not out problem is it? Who cares what happens when we've washed our hands of him, right?) It may say on his passport that he is Italian but he hasn't lived there most of his life, has little or no contact with that country and would not be able to integrate at all. So for the Shadow Home Secretary to say that
âIt is a stark demonstration of the clumsy incompetence of this Governmentâs human rights legislation that we are unable to send a proven killer back to his own country" is pretty stupid, as it is obviously not his country in any kind of meaningful way.
Martin, Madrid,
Time to examine those on this Tribunal panel and their motives perhaps? Wheels within wheels! Jobs for the boys and girls - what well paid jobs they are too.
cwillnic, Cardiff,
I think the government needs to find out whose side the judges are on with these stupid decisions. The Italian needs to be sent to his country of origin, he is a man, can't he gain employment elsewhere. He killed one of our citizens and got off lightly, he should have been executed or served 150 years with no parole.
bugsy, Burley-in-Wharfedale, England
Without meaning to appear insensitive to Mrs Lawrence's plight, the public need to be made aware of the law. Article 8 of the European Convention (ECHR), enforceable through sections 6(1) and 6(3)(a) of the Human Rights Act 1998 (HRA), does indeed protect family life. But the protection isn't absolute: if it were really necessary (rather than simply 'desirable') to deport someone in the interests of public safety or for the prevention of crime, Art 8(2) would expressly allow for it.
The HRA is not the blunt liberalist instrument that the Daily Mail reading masses lead the world to believe. And even if it were repealed, the UK would still be bound by the ECHR in Strasbourg. Therefore, this issue distils simply into public disagreement about what 'necessity' really is, rather than the adequacy of the HRA. The real injustice in society lies not with the law, but with the ignorance of those unaware of its provisions.
Alexander Williams, London, UK
Despite the fact that capital punishment is deemed unthinkable in Europe, perhaps it is time to start putting these extreme measures to good use on these animal-like killers and perhaps it might set an example on the streets of a nation that is becoming infected by foul, violent crimes such as the one in question.
Olive, Oxford, England
One of the reasons my family and I left the UK was the system increasingly advocates rights without responsibility. As far as I'm concerned, if you move to another country you are a guest there and should act accordingly. Any violation of the law when you are there should result in immediate expulsion and permanent exclusion. I question whether any of the judges and advocates of foreign criminals ever come into contact with them on the streets or in their local residential areas, since I doubt many of them use public transport or live in the inner city areas with high crime rates. The UK has enough home grown criminals - we don't need to import them. And if being sent home means being sent back to a place where your 'human rights' might be violated, then you should have thought of that before. You want to stay in the UK - play nice!
Cally, Manama, Bahrain
I took a long sigh when I read this article and before sharing my comments. As a new student of law, I have heard of this case as it relates to the issue of double jeopardy and so I was most interested to hear of any developments in the case.
As a Jamaican, and God knows how some members from my country have stained the pride with which I make that statement, I understand the plight of deportees even when they have only been away for less than 5 years moreover a young man who has been out of Italy since he was 5 and more importantly would not be able to communicate fluently in "his country". I have to agree with the judgement.
In the same breath, being no stranger to the scourge of crime and the havoc it wreaks on its victims, I sympathize with the Lawrence family and the sentiments that they harbour at this time. Crime deserves punishment and the Courts seem to think that Chindamo has been fed his fully. Such is the way of the world.
Tyesha, Kingston, Jamaica
The British justice system continues to affront the law-abiding British public. Human Rights Act / EU Law lawyers are making mega-bucks turning our once respected legal system into the laughing-stock of the world! It's time to consign The Human Rights Act and EU law to the dustbin in order to reinstate the Human Rights of the decent majority who feel (correctly) that anarchy is just around the corner! The ailing Tory leadership should take note! Otherwise, "I am not a criminal, GET ME OUT OF HERE!"
R.B., Leicester,
Just because the murderer of Philip Lawrence happened to have an Italian passport does not mean we must throw him out of the country that he grew up in. The same country that nurtured his appetite for violence and whose enviroment he matured in. He went to school in Britain, he met his fellow gangmates in Britian, he turned to crime in Britain. Tell me now how exactly does this make him Italy's problem. Instead of deporting him why dont we think about what within British society allowed a five year old boy from Italy to become a murderer by the age of 15.
Lara, London, UK
Im only a second year law student, but beleive the right decision has been made in this case. The Human Rights Act is there to protect Learco Chindamo rights, as well as EU law. Im sure both the HRA and EU will come under fire for this, but the arguments put forward for deportation apply everyday to nationals of the UK released. Surely after living in the UK since 5yrs old and deporting after he has served his time would amount to discrimination on grounds of nationality? And a double punishment hes served his time. The HRA is there to protect non-nationals as well. Yes the family have rights but not to deport him.
trudi, IOW,
i'm with Bob on this one. Suddenly Baghad and Afghanistan seem like safer places to live.
phollie, Bromley,
This is an outrage to common sense! He may well be a " reformed " person, but he has denied his victims widow and her chidren the basic rights to which they are surely entitled. Send him back to Italy and the EEC can pay for his Italian lessons.
When will this Human Rights nonsense end?
Michael, PINNER, mIDDX,
James in Canberra seems to 'hit the nail on the head'. Once again the rights of the crimminal are seen to outweigh those of the vicitm. Did the Immigration tribunal consider the rights of the Lawrence family? It appears not. Surely in any case like this the feelings of the victim or victims family should be given prime consideration and should carry FAR MORE weight than the 'rights' of the crimminal.
Andrew Brown, derby, UK
The common theme that connects the decision not to deport the killer of Philip Lawrence and our open doors immigration policy is the fact that the concept of nationality is no longer accepted by an influential section of our political class.
If you do not accept that citizenship and nationality has any value then it follows that individuals have a "Right" to live wherever they please. This is regardless of whether it is in the interests of the existing inhabitants or not.
James Staunton, London,
It is clear to everyone now that they can hijack a plane to England, murder an innocent and respectable citizen of this country, spend a few years in prison and then claim immunity from deportation because of your 'human rights'. Well, thanks very much, Blair and company for being so anxious to sign us up to the Human Rights Act that you failed ( again ) to think matters through.
The Human Righst fiasco...brought to us by the same people who gave us the Iraq War.....
Rick, Greater London, England
I have heard all the arguemnts as to why this case was upheld ,due to strict interpretation of the law,he will not be monitored if he returns to Italy,he can get back to the UK anytime as an EU citizen and if he stays here we can put him back in jail at once if he breaks his parole rules.None of this stacks up as our jails are being emptied,we should with draw his passport and under human rights law get the Italians to do the same.We cannot monitor anyone properly as numerous cases have pointed out recently due to lack of staff et and he may say he has ''reformed'' like so many repet offenders before.In my opinion the only possible answer is to ensure he is housed next door to each of the memebers of the tribunal in turn 3 months at a time,I guarantee the appeal would be upheld before he left jail!You cannot play with peoples lives and we are far too liberal in the way we deael with serious criminls like this.
Paul Hartford, Warrington, England
The human right laws are a complete joke, well they would be if this and other cases were not not so serious. We should abandon them and draw up a new set which makes clear everyones responsibilties as well as their rights. Immigrants first of all have responsibilties, that is, being given the right to live here requiries acknowledgement and acceptence of our laws, customs and culture. To renage on this, in any serious way, should mean automatic deportation.
The courts are so divorced from British society and culture that they can so easily make and justify criminally incompetent decisions as this one. It was a simple decision to make - deport the killer, but no, they couldn't quite do it - completely useless.
My heart goes out to the Lawrence family, they must be heartbroken by this spineless decision.
John, London, UK
"Justice must be done, and it must be seen to be done". The down to earth wisdom of that aphorism seems to have been discarded by those who run the parallel universe that is our justice system as it displays yet another set of inverted values that appear to show only slavish concern for the letter of the law and none for the spirit of it. Justice is increasingly being seen not to be done. What an utter kick in the teeth for the family of Phillip Lawrence. Cases like this only serve to deepen my contempt for the law and those who work within it, I suspect I am not alone.
Jerry, Brentwood,
sorry Lara your argument doesn't wash. why is it a breach of his human rights to send him to Italy because he has no connections or whatever when we have people of all ages and linguistic abilities willing to do any thing including bodily harm to get into this country and other western countries from all corners of the)world.
wouldn't it be funny to tell asylum seekers that no you can't come in because you have no connections here and it would be inhumane to let you stay here.
Also reading his Bio, with that kind of father , its not Britain that made him a criminal,i'd say it was in his blood .
phollie, Bromley,
It would be lovely to house every single living person in the world who desired it, but it Great Britain is a tiny country compared to the likes of Italy. We do not want murderers, rapists and thieves (we have too many already) especially if they hold pasports for other countries. Perhaps Chindamo should have thought about this before he chose to take another life. To say that he's been punished for his crime is laughable. Twelve years living it up in prison with colour tv, pool tables, education and no bills is not punishment. For every single day of those 12 years, his family have been suffering - I bet he hasn't suffered for a day. It's about time this country got tough and threw out the crud - we don't want people like him here. Who's to say he won't do it again. We haven't the room for nice, decent folk, let alone toe-rags like him. It's about time the victim's human rights were put before the criminals.
Denise Young, Hemel Hempstead, Herts
Who is this country run for the criminals or the decent people?
Mrs Lawrence and her family should have their human rights considered first in this case. Why should Chindamo have any say in this after all the misery he has brought to the the Lawrence family.. What use is the murderer of a headteacher to this country? This country is a laughing stock in the way it treats the decent law abiding citizens, who seem to count for nothing..
kath, Bristol,, England
I mistakenly thought that human rights applied only to humans?
It seems however that it applies only to murderers, rapists, terrrorists and evil doers.
Thorrun, Brentwood,
Passport or no, citizenship or no, this man probably has no memories of, and no connections to, Italy. He is British and is therefore Britain's problem, and to deport him would be passing the buck.
If he were a successful entrepreneur or sportsman he would be 'Italian-born', the implication being that he's British at heart. When you open your borders to someone and that person stays you must accept them, good or bad.
Fraser Rew, Wellington, New Zealand
If a 'life" sentence meant what it said, this problem would not arise.
paul, Milton Keynes, Bucks
It would seem that some humans have more equal rights than others.
Apologies to Napoleon of Animal Farm
Bernard Parke, GUILDFORD,
This decision is entirely sensible and has very little to do with the Human Rights Act. EU states agreed on basic ground rules for the treatment of each others' citizens. Just as Mr. Chimano, who has very little connection with Italy and a substantial connection with the UK can remain here, a UK citizen could demand to remain in Italy after imprisonment if he had spent his life there. This is correct; foreigners should not be punished more than nationals.
Overall, through such rules, we share in the problems of our European neighbours. We should be wary of the "feeling of hostility, sometimes verging on xenophobia, which the commission of an offence by an alien generally causes or revives in the indigenous population" as Advocate-General Mayras warned in a 1975 case.
Mrs Lawrence seeks responsibility as a corollary of rights. The responsibility in question is a responsibility of tolerance on the part of us all.
Jessie, Glasgow,
But on the other hand:
he was a child at the time of his crime,
Britain housed the gang that accepted him,
Britain was reponsible for his education, or lack of education,
Britain has his family connections,
Britain has his only language and culture.
So Britain is responsible for him, and is the place where he will have the best chance of making something of the rest of his life.
If sending him to Italy or elsewhere could undo his crime, things would be different. But alas.
jl, Isle of Wight, UK
Why is anyone suprised. The country has been going down hill for ages.
vik, London,
is this the sign of things to come - the victime and family are the ones who suffer and everyone falls to the feet of the commiter of the crime. Please lets begin again and get the reason behind the crime pay the price not the victim
Ian Vance, Dalton, England
Despite the fact that I would usually agree with deporting serious criminals at the end of their sentence, there really seems very little point in deporting this young man. If sent back to Italy he would not be under the supervision of any probation services (which he would be in the UK), AND he would be perfectly free to return to the UK whenever he wished as an EU citizen. Of course if he did return to the UK of his own accord, he would not be supervised by the probation services. So keeping him here really does make more sense.
Think through the facts before making a judgement, people...
Helen, Newcastle upon Tyne, UK
As Mrs. Lawrence says, what happened to her Human Rights and that of her family to live peacefully!
It is a discrace. Unless the Justice System is overhauled, with some sense prevailing, anarchy will rule.
Lesley Lant, Sough Woodford, London
I have just watched the interview on Channel 4 news with frances Lawrence and I wept for her, what a brave, dignified lady she is.
I am sure our prime minister, Gordon Brown will be well aware of this appalling and totally unfair decision, so come on Gordon, as a mature, hard working, tax paying (lots of tax paying), voter since I WAS 18, GET THIS LEGISLATION TIGHTENED UP NOW.
I am not in favour of scrapping the Human Rights Bill but for goodness sake let it be used for what it was originally introduced for- to stop injustice, and unfairness, the Oxford Dictionary defines it as : rights held to be justifiably belonging to any person".Frances Lawrence comes under this category due to being widowed unnecessarily by Learco Chindarmo.
As a British ciizen I have witnessed criminals from Australia, America and other countries being sent back to their country of origin, (United Kingdom), when they have broken the law, but it
does not seem to apply when the shoe is on the other foot.
Sarah Logan, Glasgow, Scotland
As far as I am concerned, the Human Rights Act has been a complete disaster for this country. It should be torn up. Mr Chindamo did not seek to injure Philip Lawrence - he stabbed him in the heart - that is cold-blooded murder. By this act, he has forfeited his rights. There should be zero tolerance. End of story. What we need in this country is a strong leader - someone who has the guts to make a lot of hard and uncomfortable decisions towards such matters as knife and gun killings, anti-social behaviour, drug and drink related violence and much much more. People talk about a "nanny state" but people do need to know what their boundary lines are. Unfortunately this government seems only interested in the economy of this country and not its people. I would therefore appeal to Frances Lawrence to fight, fight, fight and not give in. This is something she should do, not only for Philip and her children, but also for her own sanity.
Mary Jones, LONDON, United Kingdom
People who denounce judges fundementally misunderstand the nature of the law. Judges are only able to apply the law as it is written. In this example, it is the politicians who shamelessly grandstand over a bill of rights without the first idea of the consequences of their actions who should be pilloried.
A last point, aimed specifically at the current and previous cabinets, if you remove the ability of judges to use their common sense. They have no leeway to cover your incompetent legislation.
RM, London, UK
Lara, he is not a British citizen and he will be out well before his thirties. Next year in fact, his parole will be up and he will be out at the grand old age of 27 or 28.
The upside of keeping him in this country is that a life sentence can actually mean that. If he commits so much as a littering crime on his release they can revoke his licence and hike his arse back into gaol before he can cry "what about my rights?". If, as I suspect, his remorse isn't genuine and he reoffends, they may just make him serve the rest of his sentence. Better for the world in general to have that hanging over him here than off Scott free in Italy.
If you step outside the law, don't expect it to protect you, that is what "outlaw" should mean.
James, London, UK
People give up their human rights when they commit murder - isn't this obvious?
Lorraine Symonds, Canterbury, England
What sort of country have we become? Human rights indeed! What about the human rights of innocent victims of violent crime? This inexplicable decision by the courts brings the law in this country to a new low level of disrepute, and if it is to retain any shred of public confidence, those responsible for this travesty of justice need to take a good, long, hard look at themselves and what they are doing to society. We might make a start by repealing all human rights legislation.
Nicholas Lee, Windsor, UK
The British Government is a joke. With falling standards in every area of life; high taxation, poor healthcare, poor education, low morale within the Civil Service, and the rule of Law and Order a shambles. There isnt a better reason to emigrate abroad. England is a dying country.
Mr C Smith, Newcastle Upon Tyne, England/Tyne and Wear
Was it Charles Dickens who suggested that the Law is an Ass? Whoever, was he not right?
Blow Chindamo's so-called 'human rights' and if the EU kicks, let them. It was Karl Marx who said that a profession was a conspiracy against the layity and that he got right when it comes to the legal fraternity
. My wifes' view - huamn rights belong to the innocent, not the guilty. So -
throw him out and be done with it. Let it be the 1st step back to the country that was; at present when we visit the UK we are saddend. None were more patriotic than we but how can you let the country go to the dogs so?
Keith Hill, Perth, Western Australia
Lara, London.
Sending a person who has proved incapable of living in Britain without misusing his own human rights and completely concluding the human rights of another, is not 'inhumane', and is a ridiculous usage of the word. Italy is a metropolitan,free and libertarian country, to which this individual has genuine links.
In the balance of the matter between the distraught family of Philip Lawrence, and the young Mr. Chindamo, Mrs Lawrence has the priority of consideraton, in due to the fact that she, and the rest of her family have NOT murdered someone, and thus cost the British Taxpayer tens ot fhousands of pounds in keeping such a murderer in jail.
Several people below your paragraph ask 'What about her rights??'. Ignored, conveniently, as usual, and as far as I'm concerned, and probably most of the rest of the British Population, I have no doubt, where her rights compare with those of Mr. Chindamo.
Her rights are more important than those of a killer.
Period.
Douglas Carter, Emsworth,
it seems only terrorists ,paedophiles and criminals have "human rights " in this country . The public would like some protection from them I will vote for any party who will reverse this stupid and downright destructive bill .They can raise my taxes and burn as much carbon as they wish as long as this treacherous legislation is repealed.
mertin , Norwich,
What is the sense of sending him to Italy, when it is clear from the story it is not, and it has never been, his actual country of residence? Why not sending him to the Philippines then? Or everywhere, it would be just the same. I'd rather keep him in prison longer, I think 12 years for a murder are a pretty short time be be in prison.
Carmine, Potenza, southern Italy
In any case this guy won't be able to find a job in UK.. The backlash will be hard on him that he will leave England soon.. His life will be some kind of hell
DAVID, BORA BORA, frecnh polynesia
Deporting an EU citizen to another EU country is fairly meaningless, as we have free movement of people across the Union.
Anyway, Chindamo spent only his early childhood in Italy, and has been in the UK for most of his life - for all practical purposes, he's British.
The question I have on this case is his early release.
Robert, Ascot, UK
The problem, as I see it, is not about how the Human Rights Act is interpreted by judges, but rather how the Act itself is drafted. Judges are merely following the letter of the law and how to apply it.
If we are upset by the judgment, we are upset by the Act, not by its interpretation.
Edwin Thornber, Bucharest,
Not only is it scandalous that this low life is being allowed to remain in the UK when he gains his freedom, but why is he being released after just 12 years? -another one of Woolfes brilliant minimum sentences.Life has got to mean life.
Iain Chapman, Marciac, France
The Human Rights Act is the biggest threat this country has faced since 1939â¦Extreme view I hear you say?
No the reason it is such a threat is the people in the street the average law abiding tax payer are struck dumb with disbelief at how it is being used to assist offenders, however note the silence from the Police, Why? Simple if any police officer regardless of rank states that he believes the Human Rights Act is wrong he will be sacked therefore they will refuse to comment. This Act has and is being used to stifle public debate en rich the lawyers and further victimise the victims and their families, the people have had enough I predict a clamour now to get rid of this act I know I am a Labour supporter to my core as are all my family however if Cameron sticks to his guns re getting rid of the aberration he has our votes.
Time to bring back a bit of fair play and lets stop empowering the idiots with this act.
Richard, London,
Why are we allowing human rights to a murderer? He has no regard for human life so needs no rights.
JO, Manchester,
If there was no crime and no criminals we wouldn't need lawyers and judges and policemen. These people have an incentive to promote criminal activity and in case of the lawyers and the judges there is no downside [the downside for the police seems pretty obvious to me]. Their defence will presumably be that they are only working with the laws the government gave them, as in "only obeying orders".
Mark Wilson, Nottingham, England
i just feel so sorry for Mr Lawrence family.When you have full justice you can slowly come to terms.But this says shows everything that is wrong in England today.It sends a message that whatever you do however bad ,someone will consider your rights above any other.I wish her and her family our best wishes and hope they can get some comfort from the millions of decent people who stand with her.
Patricia James, London, England
It might run against people's view of natural justice (or desire for retribution), but the sentence handed down was imprisonment. If deportation would sever all ties to the offender's family, then this would represent an additional punishment to the sentence handed down by the court hence it being ruled illegal.
Stuart Roberts, London, UK
My country is collapsing. In the absence of the death penalty, why doesn't life mean life? Do-gooder lawyers wanting to make a name are ignoring the human rights of the normal person who just wants to live their life without fear. This offender should not be allowed out on the streets. He has given up his human rights by taking the life of another.
Rhonda, London, England
Sorry this is being clouded by emotion. As he lived in the UK from the age of 6 and grew up here it would be immoral to deport him at the end or his sentence.
Clearly in my view the sentence is too short but this has nothing to do with the deportation issue. This is not an adult immigrant criminal who should of course be deported but a British criminal. (I doubt if any readers can even remember their life before 6 years).
We should be outraged that murderers get out after 13 or so but instead we are all throwing our hands in the air (including the widow) about which EU member state they are free to live in once released. Where has the real debate gone?
BP, London,
" Human rights"? more like subhuman rights.Do the people on this tribunal live in the real world.Maybe a confrontation on the streets with thugs and muggers would bring them to their senses.More and more ordinary people now carry protection.Is it any wonder when criminals see the response of the law.
jjones, w midlands,
Congratulations. As far as I can see you are the only source pointing out that the killer moved to the UK when he was 5 years old.
It makes no sense to deport Chindamo to a state with which he has no connection, does not know the language and will have little or no memory.
Indeed, as he did not arrive as a hardened gang member at 5 years old it can certainly be argued that it was his life in the UK that introduced him to gang culture.
His arrival as an infant is clearly the reason the judges gave his appeal and I am horrified to find only your newspaper and the Channel 4 news mentioning this key fact in their coverage.
Ken MacLauchlan, Haslemere, Surrey, UK
I sometimes think we have got to the stage where we are so concerned with human rights that we forget the right of the victim's family thus harming justice itself. I also don't understand letting prisoners out for a week-end, thus giving them the chance to commit another crime or to run away. Something is wrotten in the State of Denmark.
Renate, Ramat Hasharon, Israel
This murderer should not be deported because that would mean releasing him from prison. He should not be released, nor should there be any nonsense about open prisons. On the other hand I would not object to him being transferred to an Italian prison where he could spend the rest of his life.
Iain, Orpington, UK
Bob Evans - I wish I could get out! Unfortunately even as a well educated semi professional, I am deemed "too old" for Australia, can't get enough points for Canada or NZ and we all know there is no chance of getting in the USA.
This country is a disgrace. I really thought it couldn't get any worse but I was wrong . The utter apathy of most people is unbelievable - no-one seems to care what is happening here and yet we are all scared of being knifed by some delinquent.
I doubt if even this will make the government repeal the Human Rights Act.
Liz, London, U.K.
Why don't we go one better and deport the lawyers along with their clients! They are parasites making a lot of money out of the UK legal system which is paid for largely by taxes paid by the majority of decent lawabiding citizens whom they are working against. If any foreigner commits a serious crime in any other country in the world he is deported not protected!
George, Zagreb, Croatia
The UK cannot deport "undesirables"; The UK cannot facilitate the relocation of Iraqis who (on pain of death) assisted the British forces in the Iraq War. Two top stories in the papers today.
What is happening to this country??? As a widely travelled immigrant, I am yet to see a society that has this level of disregard for the hardworking decent people on which its success is built. It is high time British people threw out the scourge of neo-socialist parties - that automatically includes all the major parties. Until then, our society can only degenerate.
God save Britain!!!
Osei K., London - GB,
Understandably many of us feel that what happened to Philip Lawrence was a terrible tragedy and that his killer Learco Chindamo should pay for such a crime. What must also be understood is that Chindamo is not only a British citizen having spent 21 years of his life in this country but also of both Italian and Philipino origin. To send him to a country that he does not know, cannot understand the language and has no ties is a breach of his human rights. He has been punished for his crime and will at be in his thirties before he is allowed to step foot out of prison. I by no means sympathise with him for the crime he has commited but to deport him because his case is high profile or we feel he is not âourâ problem or because he happened to be born in Italy is not only unfair but inhumane. My eldest sister was born in Nigeria and is also of mixed nationality. Living here for most of her life she is now a British citizen does this mean that she is not âreally Britishâ and can be deported at the drop of a hat. The law is there to protect all of us and we should not have the ability to change it to suit our consciences.
Lara , London, UK
Once again we see the hand of Tony Blair, who was
it that brought in the European Charter on Human Rights aided by his wife. The introduction of this European garbage has put the country in the hands of the bleeding hearts.
Barry Holmes, Christchurch, New Zealand
This traitrous, spineless government didn't even manage to deport the Afghan hijackers, who had been out of their own country for a matter of hours - let alone the hate-filled aliens who come here and openly call for the death of all non-Muslims with impunity. So what hope is there in this case, with the EU involved as well?
Emilia, North Yorkshire,
Where is "justice" for Mrs Lawrence's human rights - or doesn't she have any?
What about my human right to live in a fair, just and equitable society? Keeping these people here denies me this right.
With "rights" come "responsibilities". If an individual chooses to renege on their responsibility to conduct their life as a civilised and law-abiding human being, they should naturally automatically accept the loss of their human rights.
Vanessa Sonnabend, St Albans,
Mrs Lawrence asks desparately '... what about the rights of MY family...?'
No answer. Ever, from the tedious Rights Lobbies. I see Shami Chakrabati couldn't be found to place on the News last night, which is highly unusual, since she can usually be counted on to fight her way into every News studio with four nanoseconds notice, when a murderer or terrorist has his feelings slightly hurt by a comment by a politician.
This young individual elected, some years ago, to conduct himself in a manner which precludes his continued welcome in Britain. It's highly offensive to hear his Solicitor blaming 'Britain' for his crimes (That is 'Britain' minus himself of course, minus his defendant, but still, I have no doubt, including Mrs Lawrence and her family) The only 'Britain' responsible for this crime are the groups of sanctimonious fools who continuously coddle criminals.
Mrs Lawrence has a right to have her question answered, openly and loudly.
'What about HER rights'?.......
Tony Miller, Southsea, UK not EU
Insanity does now reign supreme. It is time for family and friends to get out of England now, before the total collapse of reason.
Bob Evans, Anaheim, California
Why don't you string up the judges who make these utterly despicable decisons - right next to the murderers and rapists they are habitually protecting (out of a sense of common interests and iclinations, I presume).
Dr. Hotzenplotz, Madison, Wisconsin
Opponents of a " bill of rights " in Australia belief that in most cases it will be criminals who will have recourse to it. We need look no further to find a perfect example.
James , Canberra, Australia.