European Court of Human Rights to hear Jeremy Bamber appeal case

 

Killer Jeremy Bamber and two other murderers will have their appeal over keeping them behind bars for the rest of their lives heard by the Grand Chamber of Europe's human rights court.

The hearing will test whether the UK's law allowing the most dangerous offenders to be sentenced to whole life tariffs, meaning they will never be released, amounts to cruel, inhuman and degrading treatment.

The Grand Chamber of the European Court of Human Rights will hear the case in Strasbourg on November 28, a court spokesman said.

It comes after Europe's human rights judges ruled in January that Britain's most dangerous and notorious criminals could be kept behind bars for the rest of their lives.

Condemning people to die in jail was not "grossly disproportionate" and in each case London's High Court had "decided that an all-life tariff was required, relatively recently and following a fair and detailed consideration", the judges ruled.

That ruling will now be tested by the court's Grand Chamber after a panel of five judges granted the appeal by killer Douglas Vinter, who stabbed his wife in February 2008.

Vinter's appeal means the cases of Bamber, who killed his parents, sister and her two young children in August 1985, and Peter Moore, who killed four gay men for his sexual gratification in 1995, will also be considered by the Grand Chamber judges.

Bamber's solicitor, Simon McKay, said: "He's obviously delighted with the decision.

"It demonstrates that his case remains arguable and he looks forward to presenting his position at the Grand Chamber in due course."

Mr McKay went on: "It is part of his long battle to challenge the home secretary of the day going beyond what the trial judge said would be the appropriate sentence he should receive.

"He's encouraged by it, but he's realistic and acknowledges that it's just another stepping point.

"The final analysis will depend on what the Grand Chamber says in the end."

The European Court of Human Rights held by four votes to three on January 17 that there had been no violation of Article 3 of the European Convention on Human Rights, which is enshrined in UK law under the Human Rights Act and prohibits "inhuman or degrading treatment or punishment".

Bamber's legal team originally submitted the application to the ECHR in December 2009.

But their claims were strongly opposed by Justice Secretary Kenneth Clarke, who has said the Government has been "fighting the case vigorously and defending the principle of the whole-life tariff".

Under current law, whole-life tariff prisoners will almost certainly never be released from prison as their offences are deemed to be so serious.

They can be freed only by the Justice Secretary, who can give discretion on compassionate grounds when the prisoner is terminally ill or seriously incapacitated.

Bamber has been behind bars for more than 25 years for shooting his wealthy adopted parents June and Neville, his sister Sheila Caffell and her six-year-old twin sons Daniel and Nicholas at their farmhouse in Tolleshunt D'Arcy, Essex.

The 51-year-old was given a whole-life tariff after being convicted of the murders in October 1986.

But he has always protested his innocence and claims his schizophrenic sister Ms Caffell shot her family before turning the gun on herself in a remote Essex farmhouse.

In 2009, Bamber lost a Court of Appeal challenge against the order that he must die behind bars. He has twice lost appeals against conviction.

The Criminal Cases Review Commission reached a provisional decision not to refer his case back to the Court of Appeal last February despite claims by his legal team that they had new evidence that could overturn his conviction.

Vinter was released from prison after serving nine years for the 1995 murder of work colleague Carl Edon, 22. Three years later he stabbed wife Anne White four times and strangled her, before being given a whole-life order.

Moore was convicted of four counts of murder in 1996 after killing four gay men for his sexual gratification.

PA

Arts & Entertainment
Madonna in her music video for 'Like A Virgin'
music... and other misheard song lyrics
Sport
Steven Gerrard had to be talked into adopting a deeper role by his manager, Brendan Rodgers
sportThe city’s fight for justice after Hillsborough is embodied in Steven Gerrard, who's poised to lead his club to a remarkable triumph
News
Much of the colleges’ land is off-limits to locals in Cambridge, with tight security
educationAnd has the Cambridge I knew turned its back on me?
News
Waitrose will be bringing in more manned tills
newsOverheard in Waitrose: documenting the chatter in 'Britain's poshest supermarket'
News
The energy drink MosKa was banned for containing a heavy dose of the popular erectile dysfunction Levitra
news
Environment
People are buying increasing numbers of plants such as lavender to aid the insects
environmentGardeners rally round the endangered bumblebee
Sport
Australia's Dylan Tombides competes for the ball with Adal Matar of Kuwait during the AFC U-22 Championship Group C match in January
sportDylan Tombides was diagnosed with testicular cancer in 2011
Arts & Entertainment
Customers browse through Vinyl Junkies record shop in Berwick Street, Soho, London
musicBest exclusives coming to an independent record shop near you this Record Store Day
News
Ida Beate Loken has been living at the foot of a mountain since May
newsNorwegian gives up home comforts for a cave
Extras
indybest10 best gardening gloves
Arts & Entertainment
tvIt might all be getting a bit much, but this is still the some of the finest TV ever made, says Grace Dent
Arts & Entertainment
Comedian Lenny Henry is calling for more regulation to support ethnic actors on TV
tvActor and comedian leads campaign against 'lack of diversity' in British television
News
Posted at the end of March, this tweeted photo was a week off the end of their Broadway shows
people
News
peopleStar to remain in hospital for up to 27 days to get over allergic reaction
Arts & Entertainment
The Honesty Policy is a group of anonymous Muslims who believe that the community needs a space to express itself without shame or judgement
music
News
Who makes you happy?
happy listSend your nominations now for the Independent on Sunday Happy List
Have you tried new the Independent Digital Edition iPad app?

Day In a Page

How I brokered a peace deal with Robert Mugabe: Roy Agyemang reveals the delicate diplomacy needed to get Zimbabwe’s President to sit down with the BBC

How I brokered a peace deal with Robert Mugabe

Roy Agyemang reveals the delicate diplomacy needed to get Zimbabwe’s President to sit down with the BBC
Video of British Muslims dancing to Pharrell Williams's hit Happy attacked as 'sinful'

British Muslims's Happy video attacked as 'sinful'

The four-minute clip by Honesty Policy has had more than 300,000 hits on YouTube
Church of England-raised Michael Williams describes the unexpected joys in learning about his family's Jewish faith

Michael Williams: Do as I do, not as I pray

Church of England-raised Williams describes the unexpected joys in learning about his family's Jewish faith
A History of the First World War in 100 moments: A visit to the Front Line by the Prime Minister's wife

A History of the First World War in 100 moments

A visit to the Front Line by the Prime Minister's wife
Comedian Jenny Collier: 'Sexism I experienced on stand-up circuit should be extinct'

Jenny Collier: 'Sexism on stand-up circuit should be extinct'

The comedian's appearance at a show on the eve of International Women's Day was cancelled because they had "too many women" on the bill
Cannes Film Festival: Ken Loach and Mike Leigh to fight it out for the Palme d'Or

Cannes Film Festival

Ken Loach and Mike Leigh to fight it out for the Palme d'Or
The concept album makes surprise top ten return with neolithic opus from Jethro Tull's Ian Anderson

The concept album makes surprise top ten return

Neolithic opus from Jethro Tull's Ian Anderson is unexpected success
Lichen is the surprise new ingredient on fine-dining menus, thanks to our love of Scandinavian and Indian cuisines

Lichen is surprise new ingredient on fine-dining menus

Emily Jupp discovers how it can give a unique, smoky flavour to our cooking
10 best baking books

10 best baking books

Planning a spot of baking this bank holiday weekend? From old favourites to new releases, here’s ten cookbooks for you
Jury still out on Manchester City boss Manuel Pellegrini

Jury still out on Pellegrini

Draw with Sunderland raises questions over Manchester City manager's ability to motivate and unify his players
Ben Stokes: 'Punching lockers isn't way forward'

Ben Stokes: 'Punching lockers isn't way forward'

The all-rounder has been hailed as future star after Ashes debut but incident in Caribbean added to doubts about discipline. Jon Culley meets a man looking to control his emotions
Mark Johnston: First £1 million jackpot spurs him on

Mark Johnston: First £1 million jackpot spurs him on

The most prize money ever at an All-Weather race day is up for grabs at Lingfield on Friday, and the record-breaking trainer tells Jon Freeman how times have changed
Ricky Gervais: 'People are waiting for me to fail. If you think it's awful, then just don't watch it'

Ricky Gervais: 'People are waiting for me to fail'

As the second series of his divisive sitcom 'Derek' hits screens, the comedian tells James Rampton why he'll never bow to the critics who habitually circle his work
Mad Men series 7, TV review: The suits are still sharp, but Don Draper has lost his edge

Mad Men returns for a final fling

The suits are still sharp, but Don Draper has lost his edge
Google finds a lift into space will never get off the ground as there is no material strong enough for a cable from Earth into orbit

Google finds a lift into space will never get off the ground

Technology giant’s scientists say there is no material strong enough for a cable from Earth into orbit