BANGLADESHI WOMAN SUCCESSFULLY USES HUMAN RIGHTS LAW TO REMAIN IN BRITAIN DESPITE ATTEMPTING TO MURDER HER OWN BABY – After attempting to murder her own 8 month old baby by stabbing her with a kitchen knife and serving a 5 year prison sentence for attempted murder, a court ruled that she could not be deported back to Bangladesh as this would violate her right to family life under Article 8 of the European Convention on Human Rights.
It was later reported that the Home Office appealed against the decision in which another judge described Mr. Justice Mostyn’s decision as ‘generous’ but refused to overturn his original ruling.
As with most cases of this nature the woman cannot be named; in this case the decision is based on evidence that the child’s identity would be revealed.
It was revealed that the woman originally came to Britain in 2007, after marrying her cousin in an arranged marriage by family members a year before.
According to the trial transcripts, the marriage was not a happy one but a child, the daughter, was born in June 2008.
In March 2009, the woman’s husband issued her with a one-way ticket back to Bangladesh and obtained a court order banning her from taking their daughter out of the country; it was these events that led the woman to announcing to relatives that she would rather kill the baby and herself than be forced into separation from her child.
During the trial the husband described to the jury how he arrived home to find his wife stabbing the child in the stomach with a kitchen knife. The woman was subsequently over-powered by her husband and his brother and the child rushed to hospital.
At the sentencing hearing, the judge accepted the husband’s actions of obtaining a ban; and attempting to separate the child and mother did produce mitigating circumstance and therefore imposed a sentence of just 5 years.
During July 2011 the Family Courts issued an order granting the woman access to her daughter, who by then was nearly 3 years of age.
After being released from prison in December 2011, she was issued notification by the Home Office to the possibility of her being deported due to the nature of her crime. Since this time the mother’s lawyers have been fighting the deportation order and in March 2013 Mr Justice Mostyn ruled that such an action would be disproportionate and therefore illegal under current Human Rights legislation.
At the latest tribunal, Judge Christopher Buckwell refused to overturn the original decision and stated that deporting the woman would be inordinately cruel for both the mother and child.
Despite the latest ruling the Home Office has once again appealed stating that it was in the public interest to deport her.