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Bulger killers to take complaints to Europe

Jason Bennetto Crime Correspondent
Saturday 07 March 1998 00:02 GMT
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THE TWO boys convicted of murdering two-year-old James Bulger moved a step closer yesterday to forcing the Government to change the way it deals with children accused of serious crimes.

Jon Venables and Robert Thompson, both now 15, were granted permission to take their case to the European Court of Human Rights. Solicitors for the youths alleged their trial in an adult court was "inhuman and degrading" treatment and the then Home Secretary, Michael Howard, should not have been able to set their "tariff" on how long they should serve in prison.

The European Commission of Human Rights, in Strasbourg, yesterday ruled there was substance to the youths' complaints and that it was admissible for the European Court to make judgment in the case.

A ruling in the boys' favour could affect scores of children being held for serious crimes and change the system of dealing with minors. Recently there was criticism of the way in which police and the Crown Prosecution Service dealt with a group of 10-year-old boys accused of raping and sexual assaulting a girl. They were tried at the Old Bailey, but were acquitted amid complaints that they should never have been dealt with in an adult court. A ruling for the boys would also force the Government to review the system which allows Home Secretaries to decide how long a sentence children should serve.

But the case is likely to take many years before it reaches court and even if it finds in favour of Venables and Thompson it would not lead to a re-trial or force the government to reduce the sentences.

Karen Bulger, James's aunt, criticised yesterday's ruling, saying: "I think it's the wrong decision. They got a fair trial. They were treated as kids... They should stop doing this and accept their punishment."

The judge sentenced the two boys to be detained at Her Majesty's Pleasure, recommending a minimum of eight years. This was later increased to 10 years by the Lord Chief Justice and Mr Howard further increased the tariff to 15 years.

This was quashed last year by the House of Lords and Jack Straw, the Home Secretary, who now has to decide on a new tariff for Thompson and Venables.

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