Column
Culture
Justice
Trauma
4 min read

Do victim statements offer up drama or justice?

Recent tragic cases highlight the changing audience for impact statements.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A classical court house with a statue on top of a dome.
The Old Bailey.

It’s a lesser-known irony of ancient history that it was Roman Emperor Tiberius who introduced Justitia to the pantheon of the gods, as the goddess of justice. Ironic in that it was Tiberius’s minion, Pontius Pilate, in remote Judea, who had history’s worst day at the office, administering Roman justice so cack-handedly on an insurgent preacher and miracle-worker from Nazareth that he sparked a chain of events on which a whole new system of (at least western) justice was founded. 

Justitia was the antecedent of Lady Justice, whose statue adorns the dome of London’s central criminal court at the Old Bailey – and many other courts besides. She invariably holds the judicial symbols of weighing scales and a sword. And she is often blindfolded, though not on the Old Bailey, despite such constitutional eminences as the shadow justice secretary Robert Jenrick erroneously claiming she is. 

The blindfold, scales and sword symbolise Lady Justice’s impartiality, the primacy of evidence and the equality of all before the law. We’ve grown accustomed to the rule of law in our democracy being applied blindly and without emotion. Convicted murderers are often described as having acted in cold blood and we expect justice to be served on them in the same manner, coldly. 

It’s in that context that I want to examine one way in which Lady Justice is going a bit wrong these days. It’s not about miscarriage of justice, so much as the dispassion of it. I’m talking about the victim impact statement, introduced in the UK in 1996, which comes between conviction and sentencing. 

It was meant to be an opportunity for victims and their families to tell the court of the impact and effects of the crime committed upon them. And, in that sense, to assist the judge or other sentencing authority to deliver an appropriate degree of punishment. So it is about the impact of the crime on those most directly affected by it. 

That appears no longer to be solely – or even in some instances partly – the case. The victim statement now seems to be an opportunity for the irreparably damaged to sound off at the defendant, to vent their pain and anger and contempt for and at the wretched convict. 

Take John Hunt, the BBC correspondent who lost his wife Carol and two of their three daughters, Hannah and Louise, to a multiple murder (and rape) one day last summer. His victim statement was less about the unimaginable effect these crimes have had on him and his surviving daughter, Amy, than about the divine judgment he would wish to call down on the murderer, Louise’s former partner Kyle Clifford. 

It really served no judicial purpose. It’s impossible to conceive that anything Hunt had to say had the slightest influence over the judge’s intention to pass down whole-life terms on Clifford, which he duly did. Its sole purpose seems to have been to allow Hunt to have his day in court, as it were, and who would wish to deny him that? But that does undermine the explicit purpose of the victim statement. 

Hunt himself conceded as much at the start of his statement when he said of his victim statement:  

“I initially misunderstood its purpose. Do I really need to detail the impact  of having three quarters of my family murdered?”  

He’s right – he didn’t. But he saw it as his “final opportunity” to address his family’s murderer. There followed an excruciating and heart-rending verbal attack on the convicted prisoner, culminating with the prophecy of his despatch to hell on his “dying day”:  

“The screams of Hell, Kyle, I can hear them now. The red carpet will come out for you…” 

I can’t know if Hunt would prefer the death penalty to be available to despatch his family’s killer immediately. One suspects he probably does. I oppose it, one reason being that it can leave no room for penance and redemption. We must surely all agree that Hunt gets a free pass on that rationale, but with no more severe sentence available than that which was passed, again we must ask what the purpose of the victim statement was. 

If it is simply to wish a hellish death on the perpetrator, then again we need to ask what purpose is being served and, indeed, if it’s healthy both for the judicial process and for the victim who delivers the statement. 

The same thought arose at a pre-sentencing hearing of the recent Nottingham murderer, when the son of one of the three victims, James Coates, told the killer:  

“Valdo Calocane, you claim the voices told you to kill these innocent people. Now listen to me, kill yourself.” 

Is that about impact? I don’t think so. I fear it has more to do with theatre in a media age that is insatiable for drama. Part of the purpose of the law is to maintain a distance between those affected emotionally and those who have committed crimes against them. 

Remove that and we reduce not only some of the justice for criminals to mere spectacle, but also in some degree respect for their victims and, indeed, the quality of mercy. 

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Article
Culture
Migration
Politics
6 min read

It's 2029 and PM Farage has reformed asylum

Are refugees really no longer deserving of our protection?

Steve is news director of Article 18, a human rights organisation documenting Christian persecution in Iran.

Nigel Farage stands and gestures in front of a flag.
Reform.

The year is 2029 and Nigel Farage has just been elected as the new prime minister of the United Kingdom. 

As one of many sweeping reforms in his first few months in office, the new PM has deported thousands of asylum-seekers to countries including Eritrea, Afghanistan and Iran.  

Upon return to these countries, it has been reported that several of these asylum-seekers have faced arrest, torture, and even execution. 

Now of course this is only a fictional depiction of one possible future, but it is a future that would appear at least conceivable, given recent polling and the pledge of the Reform party leader to deport every individual who travels illegally to these shores, whether or not they may face a risk to life upon their return home. 

Such statements would have been almost universally lambasted not so many years ago, but the current status of our immigration system - and politics - has seemingly rendered them palatable to a growing number of Brits. 

“I don't think it's about hate,” said one caller to BBC Radio 5 Live when Reform’s plans were announced last week. “I think it's about the way [immigration’s] been handled up to now by this government and the previous government, [which has] created a lot of unease.” 

Another caller admitted the issue had divided opinion, but provided a contrasting perspective: 

“This is Nigel Farage all over,” she said. “It's what he's done since before Brexit. What does he need to win in this country? He needs division. And what's the most divisive issue we can come up with? Immigration. And what a privilege we have to live in a safe country where, God forbid, none of us will ever have to pick our children up and flee persecution!” 

All of which brings us nicely back to the particular - and certainly complex - issue at hand: namely, what should be our response to those asylum-seekers who have genuinely fled from persecution and may face more of it should they be returned home? 

The safeguarding of such individuals is at the very heart of the 1951 Refugee Convention, which all Western democracies (including ours) have ratified and long defended, and which includes the principle of “non-refoulement”: prohibiting "the forcible return of refugees or asylum-seekers to a country where they are liable to be subjected to persecution”. 

“Our values have always been that where people are under a real and substantial risk of physical torture or persecution … then we as a country have always been prepared to have them,” former head of the judiciary Lord Thomas explained on another BBC Radio show last week. “I don’t think we should abrogate values embodied in the convention … because that’s part and parcel of our history and our tradition and our standing as a liberal democracy.” 

And yet, as Lord Thomas’s interviewer correctly pointed out, this is precisely what Reform are pledging to do, should they come to power.  

Indeed, an increasing number of politicians here and elsewhere now argue that the Refugee Convention and other similar treaties, such as the European Convention on Human Rights, must be reformed - or even ignored - in light of a much-changed world. 

We are not the only country facing an immigration crisis, of course; nor are we the first to consider drastic measures to stem the tide of asylum-seekers arriving on our shores. 

In his own first few months back in office, the US president, Donald Trump, made good on his own pledge to tighten up America’s borders by, among other things, deporting illegal immigrants

Among them were several Iranians who claimed to have a reasonable fear of persecution should they be returned home, given their expressed conversions to Christianity. 

In May, a US congresswoman proposed that legislation should be amended to protect such religious refugees from deportation, naming her bill, the Artemis Act, after one of the Iranians who had been deported to Panama. 

In June, the issue returned to the headlines when another Iranian asylum-seeker was filmed having a panic attack as her husband and fellow Christian convert was taken away by the US’s immigration enforcement agency, ICE. 

In July, the couple’s pastor - another Iranian Christian who had arrived in the United States as a refugee some years ago - travelled to the White House to conduct a three-day hunger strike in protest against the detention of his church members. 

And in August, in an interview with the director of the advocacy organisation for which I work, the pastor called for “deep reforms” to the immigration system, saying that “most [Iranian Christian asylum-seekers in the US] tried many times to come through a legal way, like a refugee pathway, but there is no legal way for Iranians to become refugees in the United States.” 

“If you were in the UK, and you had nothing to feed your children or grandchildren, what would you do?” 

A legal pathway for religious refugees is also something that has been called for in the UK, including by the frontrunner to be the next leader of the Church of England - another Iranian former refugee, Bishop Guli Francis-Dehqani.  

So the need to reform the asylum system here and elsewhere is something that would appear to be agreed upon by all sides in the debate. 

Reporting on the plight of refugees was not something that was considered part of my remit when I first joined Article18 midway through Trump’s first term in office. Back then, our focus was only on documenting the persecution Christians were (and still are) enduring in their homeland.  

But as the years have passed and the numbers of Iranian Christians seeking asylum have grown while the opportunities for them to be resettled have drastically shrunk, the issue has become an increasing and ultimately un-ignorable concern. 

In the last two years alone, my organisation has released reports on the plight of Iranian Christian refugees in Turkey, Georgia and, closer to home, Sweden, while concerns have also been raised about Iranian Christian refugees in several other countries, including Armenia, Iraq and Indonesia. 

In each of these countries, as in Blighty, the common denominator appears to be simply that these refugees - however worthy their claims may be - are unwanted and untrusted by their hosts. 

During my research, I came across a refugee support group in Colchester, Refugee, Asylum Seeker & Migrant Action (RAMA), whose director, Maria Wilby, I had the privilege of interviewing, and whose perspective has stayed with me. 

Ms Wilby picked me up on a comment I had made, when I suggested that “one could understand why people may feel less sympathy for economic migrants, but surely not refugees”. 

Her response was not dissimilar to the words of the second caller to 5 Live: 

“If you were in the UK, and you had nothing to feed your children or grandchildren, what would you do?” she asked. “You’d go to the next country and ask them to feed them. And that’s what it means to be an economic migrant. It’s not about, ‘Oh, I’ve got a nice car, but I want a nicer car.’ These are people who are literally starving, and feel so disadvantaged that they think the next generation will also be equally disadvantaged. And of course then you try and move. 

“And back in the day, it used to be that if you had a child in another country, they would basically be a native of that country. We’ve changed the rules to mean that migration and borders grow and grow. And actually, we’ve created this system – all of us have created this system by standing by and letting it happen – and it’s not right. If I believed in God, God certainly didn’t intend there to be borders. Nobody would. Why would you? It’s an unnatural concept. We are one world, and we should share it.” 

I’m not sure Nigel Farage would agree, but whatever one’s perspective on the need for border control, surely we should all be able to agree that those with genuine claims to have fled persecution should be afforded our help, or at the very least protected from refoulement.

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Since Spring 2023, our readers have enjoyed over 1,500 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.

If you enjoy Seen & Unseen, would you consider making a gift towards our work?
 
Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.

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