Updated | The legal blogs have been busy reporting on this morning’s important decisions of the Grand Chamber of the European Court of Human Rights in Al-Skeini and Al-Jedda – see my post. There has been coverage already from PHD Studies in Human Rights, the Human Rights in Ireland Blog (update – see also EJIL: Talk: [...]
Archive for the ‘Art. 5 | Right to Liberty’ Category
Strasbourg judge: “Those who export war ought to see to the parallel export of guarantees against the atrocities of war”
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case summaries, European, International, Margin of Appreciation, tagged Al Jedda, Al Skeini on July 7, 2011 | 1 Comment »
European Convention on Human Rights applied in Basrah, UK failed duties to Iraqi civilians
Posted in Art. 2 | Right to life, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case summaries, European, International, Margin of Appreciation, tagged Al Jedda, Al Skeini on July 7, 2011 |
Al-Skeini v. United Kingdom, European Court of Human Rights Grand Chamber (Application no. 55721/07) - Read judgment / press release Al-Jedda v. the UK (Application No. 27021/08)- Read judgment / press release The Grand Chamber of the European Court of Human Rights has ruled that from 1 May 2003 to 28 June 2004 the UK had jurisdiction under Article [...]
Deportation, secrecy and knowing the case against you
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Immigration/Extradition, Margin of Appreciation, Terrorism on July 1, 2011 | 1 Comment »
IR (Sri Lanka) & Ors v Secretary of State for the Home Department [2011] EWCA Civ 704 – Read Judgment The Court of Appeal has rejected an argument that Article 8 of the European Convention of Rights (ECHR), the right to private and family life, requires that those challenging deportation and exclusion decisions on grounds [...]
Panorama at Winterbourne View: the human rights angle – Lucy Series
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Criminal, In the news, Medical, Mental Health on June 3, 2011 | 6 Comments »
I watched Panorama’s exposé of institutional abuse of adults with learning disabilities at Winterbourne View Hospital with mounting horror. What legal mechanisms were available to prevent abuses like this, or bring justice to victims? There can be little doubt that the acts of the carers towards the patients were inhuman and degrading, a violation of [...]
When detaining foreign criminals the rules are the rules, says Supreme Court
Posted in Art. 5 | Right to Liberty, Case comments, Case law, Immigration/Extradition on June 2, 2011 |
Kambadzi v Secretary of State for the Home Department [2011] UKSC 23 – Read judgment The Supreme Court has decided by a majority that a failure to review the detention of an immigration detainee, in accordance with immigration policy, meant that his detention was unlawful. Immigration law always has the potential to be a political [...]
Murder, toil and trouble – three new Supreme Court judgments
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, In the news, Judges and Juries on May 25, 2011 |
The Supreme Court has delivered three judgments this morning, all of which are of interest from a human rights perspective. We will cover them in more detail soon, but for now, a brief summary. First, murder. In 2003 Nat Fraser was convicted of murdering his wife and sentenced to 25 years in prison. In Fraser (Appellant) [...]
Another control order bites the dust
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Case comments, Criminal, Terrorism on April 7, 2011 | 2 Comments »
BM v Secretary of State for the Home Department [2011] EWCA Civ 366 (05 April 2011) – Read judgment Another control order has been ruled unlawful and quashed by the court of appeal, on the basis that the evidence relied upon to impose it was “too vague and speculative”. Control orders are a controversial anti-terorrism [...]
Purpose, policy and publication: Analysis of Lumba ruling
Posted in Art. 5 | Right to Liberty, Case comments, Criminal, Damages, In the news, Politics / Public Order, Prisons, Public/Private on March 30, 2011 |
Lumba v Secretary of State for the Home Deparment – a case of driving government policy further underground? We have already reported on this appeal by three foreign nationals who have served sentences of imprisonment in this country (“FNPs”). They were detained pursuant to Schedule 3 of the Immigration Act 1971 and their challenge to [...]
Secret foreign nationals detention policy was “serious abuse of power”
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Case summaries, Criminal, Immigration/Extradition on March 23, 2011 | 1 Comment »
Lumba (WL) v Secretary of State for the Home Department [2011] UKSC 12 (23 March 2011) – Read judgment / press summary The Supreme Court has ruled that it was unlawful and a “serious abuse of power” for the Home Office to follow an unpublished policy on the detention of foreign national prisoners which contradicted [...]
The right to know the case against you
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Case law, Case summaries, Immigration/Extradition, Terrorism on March 14, 2011 |
R (BB) v. Special Immigration Appeals Commission and Home Secretary – Read judgment. The Divisional Court has ruled that bail proceedings before the Special Immigration Appeals Commission (“SIAC”) are subject to the same procedural standard under Article 5(4) of the European Convention (the right to liberty) whether they take place before or after the substantive judgment. [...]
Football “rioter” Garry Mann loses Euro human rights appeal
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Article 13 | Effective remedy, Case summaries, Criminal, European, Immigration/Extradition, tagged Garry Mann on February 23, 2011 |
Garry Norman MANN v Portugual and the United Kingdom – 360/10 [2011] ECHR 337 (1 February 2011) – Read judgment Garry Mann, a football fan who was convicted to two years in a Portuguese jail for rioting after an England match in 2004, has lost his appeal to the European Court of Human Rights against [...]
Rights breach council must pay out
Posted in Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Case comments, Costs and Procedure, Family, Medical, Mental Health, tagged G v E & Ors on February 7, 2011 | 5 Comments »
G v E & Ors [2010] EWHC 3385 (Fam) (21 December 2010) – Read judgment Manchester City Council has been ordered to pay the full legal costs of a 20-year-old man with severe learning disabilities who was unlawfully removed from his long-term foster carer. The council demonstrated a “blatant disregard” for mental health law. The [...]
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Recommended- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
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- Case law
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UKHRB on Twitter
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Adam Wagner on Twitter
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Disclaimer
Where in the world does the Human Rights Act apply?
Posted in Art. 2 | Right to life, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case comments, European, Inquests and Inquiries, International on July 1, 2011 |
Smith & Ors v Ministry of Defence [2011] EWHC 1676 (QB) – Read judgment The Human Rights Act applies in the UK. That much is clear. Whether it applies outside of UK territory is a whole other question, and one for which we may have a new answer when the Grand Chamber of the European [...]
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