The Weekly Round Up: Criminal Bar in crisis, Turkish democracy under threat, Israel-Gaza ceasefire collapses, asylum seekers unlawfully accommodated
24 March 2025
UK news
One in three criminal barristers actively intend to quit the profession, a national survey by the Criminal Bar Association has revealed. A further third is actively considering moving to a new discipline. The survey received 1,717 responses, which the association has stated is ‘well above that of nationally representative surveys which are relied upon by Government’. Only 44% remain committed to a practice of primarily publicly funded work. Further, the Judicial Attitudes Survey has indicated that 35% of Circuit Judges sitting in criminal courts intend to leave in the next five years. The reasons behind the collapse in commitment to the profession are familiar, stemming from longstanding underfunding to the justice system. 92% answered that adequate and fair remuneration was necessary to reverse the trend. The implications for the access to justice for defendants, as well as redress for victims of crime, are clear, as the criminal court backlog continues to reach record highs.
International news
The largest protests in over a decade have erupted in Turkey following the arrest of the mayor of Istanbul and the President’s main political rival, Ekrem Imamoglu. His detention on corruption charges occurred just days before he was expected to be announced as a candidate for the 2028 Presidential Election. President Recep Tayyip Erdogan has denied the allegations of his opponents that the arrest is politically motivated. In defiance of a ban on gatherings, protestors have clashed with police as a primary ballot was held across Turkey to choose the opposition candidate for the Republican People’s Party. Further, social media platform X has released a statement identifying multiple court orders from Turkish authorities to block more than 700 accounts belonging to news organisations, journalists, political figures and students. The statement reads “We believe this decision from the Turkish government is not only unlawful, it hinders millions of Turkish users from news and political discourse in their country” and they “will always defend freedom of speech everywhere we operate”. Imamoglu’s arrest took place a few days after US President Trump and Erdogan’s telephone conversation, which commentators have suggested has likely emboldened the Turkish President’s actions. However, despite domestic outrage, international condemnation have thus far been muted. With the second largest army in NATO, Turkish forces may be an essential component of a European peacekeeping force in Ukraine. The response of European and world leaders remains to be seen.
The fragile Israel-Gaza ceasefire collapsed last week on 18th March, with Israeli strikes across the strip renewed. The first of the intended three-phase plan for the truce had seen the release 33 Israeli hostages in exchange for 1,900 Palestinian prisoners, and the entry of aid into Gaza. However, the negotiations for the second phase stalled, with both sides accusing each other of violating the truce. Netanyahu declared that ‘strong action’ against Hamas was crucial following their ‘repeated refusal to release our hostages’, of which 59 remain in Gaza. Hamas spokesman Abdel Latif al-Qanua stated that ‘Hamas’ interest was to continue the ceasefire’, accusing Netanyahu of resuming hostilities ‘to sabotage the agreement’. Israel’s defence minister called on Palestinians to ‘banish Hamas’ saying that ‘the alternative is complete destruction and ruin’. Tuesday’s airstrikes targeting middle-ranking and some senior Hamas officials left 400 casualties, a high proportion of whom were women and children. This brings the overall death toll of Palestinians to 50,000 people since the conflict began, in response to the 7 October attack in which 1,200 Israelis were killed and 251 taken hostage. Meanwhile, more than 100,000 Israelis took to the streets of Tel Aviv, Jerusalem and dozens of other cities last Saturday night to protest against the government’s decision to resume the conflict. Fears for the survival of the hostages loomed large, as families of hostages addressed the crowds.
In the courts
The High Court has ruled that the Home Secretary unlawfully accommodated three vulnerable asylum seekers – TG, MN, and HAA – at former RAF base Wethersfield. A fourth individual’s claim was dismissed. While MN and HAA, victims of violence and human trafficking, had originally been housed there lawfully, the Home Secretary had failed to consider evidence of their deterioration impacting their continued suitability. TG’s allocation to Wethersfield had never been lawful, and the Home Secretary had breached her duty to make reasonable adjustments for his disabilities. All of the claimants had suffered severe mental health consequences as a result of their accommodation at Wethersfield.
However, the claim that the site itself was not generally suited for asylum accommodation failed, nor did the judge accept that the allocation policy as a system was incapable of operating lawfully. The policy was not generally inappropriate for victims of trafficking nor was it inherently discriminatory on grounds of race and disability. However, this was only on the basis of the evidence at the time of the hearing in July 2024. In favour of the claimants, the court held that Home Secretary had made a ‘most serious and inexplicable omission’ [319] in failing to consider impacts of amendments to the allocation policy on disabled or vulnerable asylum seekers, breaching the Public Sector Equality Duty. The courts dismissed the Claimants’ arguments that the accommodation breached their rights under Article 8 of ECHR.
While this judgment does not legally oblige the government to close the site, refugee charity Care4Calais has stated that ‘the government has a moral duty to act on today’s legal judgement.’ Chief executive Steve Smith declared that ‘the mental despair this camp has inflicted on its residents cannot be overstated’. This decision will increase the pressure on the government, which is currently grappling with the highest levels of asylum claims since records began.
