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Justice
5 min read

Facing up to justice

The crimes and sentencing of baby-murderer Lucy Letby is driving fresh conversations about justice. Edward Smyth examines the confusion and contradictions within them.

A writer and speaker in the field of criminal justice and faith, Edward Smyth is now pursuing doctoral research on the 'through-the-gate' experiences of individuals who have found faith while in prison.

A prisoner looks into the camera.
Lucy Letby's Police file photograph.
Cheshire Constabulary.

‘Christians need to be ready for the inevitable moment when Lucy Letby declares that she’s found Jesus in prison.’  

So read one of many tens of thousands of tweets posted on the day Letby was sentenced to spend the rest of her natural life behind bars. I probably saw several hundred of those tweets that day; yet this one has lingered, niggling away at me whenever my mind is drawn back to a consideration of the appalling facts of a case that surely takes its place amongst the worst ever to have been prosecuted in this country.  

One of the things about the Letby trial which has caused the most consternation has been her refusal to appear in court for some of the verdicts, and for her sentencing hearing. The strength and volume of the response to what is being almost universally termed her ‘cowardice’ has some challenging things to say about what contemporary society means – or thinks it means – when it talks of ‘justice’. And, as I write, the Government’s response has been to force criminals to appear. An interrogation of these responses might just help us all begin to be able to think through where this leaves us, too.  

The sense seems to be that in refusing to enter the dock at Manchester Crown Court for her sentencing, Letby has somehow evaded what we might term her ‘just deserts’; and that her victims and their families – and indeed society – have been cheated out of some of the justice to which they feel entitled. If the act of receiving the sentence is viewed as itself part of the punishment (not an assumption by which I am wholly persuaded, but one which sits at the heart of this argument) then the outrage caused by Letby’s avoidance of her sentencing speaks to a certain weighting of the importance of that one morning in court as against the next forty or even fifty years Letby will spend in prison. What this boils down to, then, is retribution pure and simple. We think offenders should be made to listen to the impact of their offending because we want them to feel all the things that we believe they deserve: guilt, shame and pain. We want this because of some innate, deep-rooted sense of balance and fairness which dictates that an appropriate response to the imposition of pain is, in turn, the imposition of pain.  

Our legal system exists, in part, to ensure that this remains proportionate: the state censures offenders to avoid the inevitable disproportionate vigilante or retaliatory action which would otherwise ensue, exercising what some criminologists refer to as its ‘displacement function’. Prisons, of course, are out of sight and usually out of mind which perhaps explains the importance of the sentencing hearing in cases like this: it is the only opportunity we have to see the convicted person suffer – and we need to see it with our own eyes to make sure that, even if we think ‘prison is too good’ (i.e. insufficiently painful), we have at least seen the convicted person suffer some pain. 

Letby may have avoided being deluged by the waters of justice rolling down upon her ... in the dock, but we should be in no doubt that those waters are rising from the floor of her prison cell as we speak.

For Christians, though, the elephant in the room is that Letby has been sentenced to a ‘whole life order’. In passing that sentence the state is saying ‘we have no interest in your rehabilitation’; and that is something which should give all pause for thought especially Christians. I do not think there is a ‘correct Christian response’ to this issue, as it happens: personally, I would rather we didn’t have whole life orders, but equally I have no objection to someone spending the rest of their life in prison if that is the only safe course of action. If we were designing a Christian system of criminal justice, then whole life orders would be indefensible on the grounds that we have no right to make impossible redemption; but we’re not designing – or operating under – a Christian system of criminal justice; and redemption in the theological sense is still possible in prison. I struggle – particularly in light of cases like this one – to get too worked up about it.  

But perhaps that’s the point. Perhaps the fact that my own theology opposes whole life orders but, when exposed to the facts of a case like Letby’s, I find it difficult to care very much is exactly the kind of confusion and contradiction of which I spoke at the outset of this article. And in that confusion and contradiction perhaps we find what it is to be a Christian, our instinctive and culturally conditioned human responses coming up against the teaching of the ultimate countercultural being and, so often, overwhelming it in our hearts.  

Those hearts ache for the victims of Lucy Letby and their families. Have they received justice? She will spend the rest of her life in prison: I think they have. Is that justice compromised because she did not appear for her sentencing? I think it is not, on both secular and Christian grounds. Secularly speaking the state has performed its ‘displacement function’ and the punishment is being carried out whether she was there to hear it or not. The victims have – for better or worse – been removed from the conversation, which is why criminal cases are listed as ‘The King v. ...’ rather than ‘[Victims’ names] v … .’ Theologically speaking Letby may have avoided being deluged by the waters of justice rolling down upon her (as Justice is described in the Bible) in the dock, but we should be in no doubt that those waters are rising from the floor of her prison cell as we speak, and she will be soaked through soon enough. 

The case of Lucy Letby – as with any case of great evil – is a violent challenge.  For the Christian, it is one which can only be met with prayer, thought, and introspection. In short: they must pray their way to their own response. But whilst they are doing that as Christians in an increasingly secular world; a world where the responses that they know their faith obliges them to make are so quickly and easily monstered – I can only hope that they and we find in our Church an institution willing to preach that countercultural, unpopular Gospel.    

'Modern man often anxiously wonders about the solution to the terrible tensions which have built up in the world and which entangle humanity. And if at times he lacks the courage to utter the word “mercy”, or if in his conscience empty of religious content he does not find the equivalent, so much greater is the need for the Church to utter this word, not only in her own name but also in the name of all the men and women of our time.'  
Pope John Paul II 

  

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Freedom of Belief
Middle East
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6 min read

Bring on the noise: what Trump can do to help the persecuted in Iran and China

Dealing with the dictators in Iran and China needs noisy advocates.

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

A fisheye view of a large debating chamber in the round.
The Human Rights Council meets in Geneva.

Pope Francis hosted a delegation from the Islamic Republic of Iran late last year for an event purportedly related to “interfaith dialogue”. 

It wasn’t the first meeting of its kind, and on the face of it at least, there isn’t a lot wrong with the idea. While Iran’s relationship with most Western nations could be described as “strained” at best, the Holy See has taken a different approach, maintaining diplomatic relations with Iran for the past 70 years, including the 45 years since the establishment of the Islamic Republic.  

And it has borne some fruit, helping to secure the release of a few prisoners of conscience, such as Rev Mehdi Dibaj, a Christian convert who once faced the death sentence for his “apostasy”. 

But it has also opened up the Church to accusations of kowtowing to dictators and enabling regimes such as the ayatollahs’ to present themselves in a more favourable light through the high-profile photo opportunities presented by events such as the recent “dialogue” in Rome. 

And it is an opportunity you can be sure the Islamic Republic was not going to pass up, with its state media unsurprisingly happy to misquote the Pope by claiming he had “stressed how Christian minorities in Iran are allowed to freely meet together and worship in churches across the country, without restriction”. 

In actual fact, what the Pope really said was that “freedom of religion [is not] limited to the expression of worship; it also entails complete freedom in the matter of one’s own beliefs and religious practice”. 

So, slightly different. But, no matter, you can be sure that the vast majority of the over 90,000 viewers of Press TV’s account of the event won’t have been bothered to check the accuracy of the claim, and therefore may reasonably have gone away believing that Christians truly are entirely free to worship in Iran. 

Another organisation representing Christians, The World Evangelical Alliance (WEA), faced similar criticism last year when it accepted the invitation to take part in a Human Rights Council event organised by the Islamic Republic of Iran, under the deliberately misleading title, “The Role of Religions in Promoting Human Rights”. 

The WEA was accused of “legitimising” Iran and even “seeming to support its propaganda as a purported defender of human rights”. 

Iran will send another delegation to the Human Rights Council next week for its Universal Periodic Review (UPR), an occasion that has the potential, at least, to be quite significant, being the only UN mechanism with which the regime truly engages.  

Unlike the mandates of fact-finding mission and Special Rapporteur on human rights in Iran, which Iran and its allies regularly decry as “politicised” and “selective”, the UPR is lauded even by Iran as the true and proper place for constructive criticism, as every single country undergoes the review - not only pariahs. 

Several side events will be put on in conjunction with Iran’s UPR, on various themes including the situation of Iran’s Christian minority. But while the WEA last year hosted a similar event on the margins of the Human Rights Council, on this occasion it has declined the opportunity, preferring the path of “quiet diplomacy” and “dialogue” over public criticism. 

Which, again, at least on the face of it, seems reasonable enough. As has been seen with the Vatican, such an approach can undoubtedly bear fruit. But it is not guaranteed.  

On the other side of the debate, you have the human rights organisations who publicly call out Iran for each violation, highlighting individual cases with the hope of embarrassing Iran into change. For as much as Iran is a pariah, it still attaches some importance to its reputation on the world stage.  

And again, such an approach has at times proved successful, as was seen in September with the early release from prison of two Iranian Christians who had been serving 10-year sentences due to their participation in house-churches, and whose cases had been included in a joint submission ahead of Iran's UPR. 

But even this approach is not without its pitfalls. While there may be relief from accusations of kowtowing to dictators, there is also the distinct possibility that the pariah state in question may just stick its fingers in its ears and do what it wants anyway, such as in October when the Islamic Republic executed a German-Iranian political prisoner, Jamshid Sharmahd, despite years of vocal advocacy. 

Advocacy certainly isn’t an exact science, at least when the experiment in question involves an unpredictable regime like the one in Tehran. Both quiet diplomacy and noisy advocacy can clearly work, but in neither case can it be guaranteed when the individual tasked with selecting their response to the advocacy is the Supreme Leader of Iran. 

Surely the only way to ensure real change would be to make it too costly for the dictators to deal with their persecuted minorities in such a brutal fashion.  

Western nations have a similar quandary to religious or human rights organisations. To what degree, if any, should Western governments prioritise human rights concerns over economic or political gains?  

It has been suggested many times that Western nations are more concerned with oil or gas supplies, or other economic incentives, than truly seeking justice for victims of rights abuses. 

When, for example, Keir Starmer speaks of wanting to have a “respectful” relationship with China, while engaging “honestly and frankly” on human rights concerns, what does that actually mean in practice?  

The reality is that a behind-closed-doors discussion about a human rights infringement is unlikely to hold much sway if the violator does not share the belief that any violation has been committed, or even believes the victim to have been deserving of the treatment they received. 

Whether it’s China’s targeting of the Uyghurs, or Iran’s crackdown on the Baha’is or Christian converts, one can be fairly certain that neither the Chinese nor Iranian regime feels the slightest remorse about its chosen approach. 

Perhaps little could demonstrate this more than the mistreatment that continued to be handed out to Rev Mehdi Dibaj after the advocacy win of his release from prison. Just five months later, he was murdered anyway, one of three church leaders killed extrajudicially in the months after his release had been secured, including Rev Dibaj’s friend and chief advocate, Haik Hovsepian.  

So is it really realistic to expect that just because we say we are concerned about the Uyghurs, the Baha’is, or the Christians, there will be any change in approach? 

Surely the only way to ensure real change would be to make it too costly for the dictators to deal with their persecuted minorities in such a brutal fashion.  

As ever, actions really do speak louder than words. And this is why many Iranians are hopeful that with the return of the much-maligned Donald Trump, the “maximum pressure” policy towards the Islamic Republic will also return and, through it, real change may actually be achieved. 

There are many reasons, of course, to find fault with the incoming president, but when it comes to dealing with the dictators, at least, it could be argued that Trump has shown himself to have more common sense than most. The hope, as with the other approaches, is that it actually makes a tangible difference. 

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