65 responses to the Justice and Security Green Paper consultation, which proposes introducing “Closed Material Procedures” – secret trials – into civil courts, have been published on the official consultation website. According to the site there are potentially 25 more to come. Whilst it is a good thing that the responses have been published at [...]
Archive for the ‘Terrorism’ Category
Sound of tumbleweed greets secret civil trials proposals
Posted in Art. 10 | Freedom of Expression, Art. 3 | Torture / Inhumane Treatment, Costs and Procedure, In the news, Inquests and Inquiries, Judges and Juries, Terrorism, tagged Justice and Security Green Paper, shoulder shrug on February 14, 2012 | 5 Comments »
Another control order ruled unlawful for breach of right to fair trial
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Case summaries, Criminal, In the news, Terrorism, tagged abu qatada, Control orders, terrorism act 2000 on February 11, 2012 | 1 Comment »
AT v Secretary of State for the Home Department [2012] EWCA Civ 42 – Read Judgment The Court of Appeal has upheld a challenge to a control order on the basis that the person subject to the order (‘the controllee’) had not been given sufficient information about the case against him. How do you solve [...]
Indefinite detention: not very British
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Criminal, European, Immigration/Extradition, In the news, Prisons, Terrorism, tagged abu qatada on February 8, 2012 | 10 Comments »
Angus McCullough QC appeared for Abu Qatada as his Special Advocate in the domestic proceedings before SIAC, the Court of Appeal and the House of Lords. He is not the author of this post. ‘Human Rights Act to blame!’ is a frequent refrain in the media, as well reported on this blog. Often, though, the outcome [...]
More secret trials? No thanks
Posted in Art. 6 | Right to Fair Trial, Costs and Procedure, Freedom of Information, In the news, Inquests and Inquiries, Judges and Juries, Police, Politics / Public Order, Terrorism, tagged civil proceedings, consultation responses, Justice and Security Green Paper, terrorism legislation on January 31, 2012 | 3 Comments »
A child learns early that if you don’t have anything nice to say, don’t say it. Thankfully that principle does not apply to Government consultations and this is aptly demonstrated by a group of responses to the consultation into whether “closed material” (secret evidence) procedures should be extended to civil trials. Of the responses that [...]
Terrorist asset-freezing: an intrusion too far – Dr Cian Murphy
Posted in Art. 6 | Right to Fair Trial, Criminal, In the news, Margin of Appreciation, Politics / Public Order, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property, Terrorism, tagged European Court of Human Rights, terrorism legislation on December 21, 2011 | 1 Comment »
One could be forgiven, amidst the furore over the European Court of Human Rights’ Al-Khawaja judgment last Thursday, for missing the first report of the Independent Reviewer of Terrorism Legislation on the operation of the Terrorist Asset-Freezing etc Act 2010. The Report runs to over 100 pages and is the most comprehensive account of UK terrorist asset freezing in print. [...]
Should more trials be held in secret? Part 2: A Special Advocate’s comment
Posted in 1COR, Art. 6 | Right to Fair Trial, BLOG POSTS, In the news, Politics / Public Order, Terrorism on December 1, 2011 | Comments Off
This is an expanded version of a comment made on Adam Wagner’s post: Should more trials be held in secret? Our recent post highlights the Government’s consultation on the Justice and Security Green Paper. Having been involved as a Special Advocate in many hearings involving closed material, I am troubled about these proposals, as well [...]
Should more trials be held in secret?
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Criminal, Damages, In the news, Inquests and Inquiries, Politics / Public Order, Public/Private, Terrorism on December 1, 2011 | 6 Comments »
There is just over a month left to respond to the Government’s consultation on the Justice and Security Green Paper. Responses have to be be sent via email or post by Friday 6 January 2012. The proposals have been little reported, save for journalist Joshua Rozenberg, channeling Dinah Rose QC, warning that they will “undermine a fundamental constitutional right:”. Perhaps [...]
More secret justice on the horizon
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Criminal, Freedom of Information, In the news, Judges and Juries, Politics / Public Order, Terrorism, tagged secret justice on October 19, 2011 | Comments Off
The Cabinet Office has released its long awaited (by this blog at least) Justice and Security Green Paper, addressing the difficult question of to what extent the state must reveal secret information in court proceedings. A consultation has been launched on the proposals; responses can be sent via email by Friday 6 January 2012. The [...]
Home Office policy on forced marriage violates Article 8 family life
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case comments, Criminal, Technology, Terrorism on October 13, 2011 | Comments Off
R (on the application of Quila and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant); R (on the application of Bibi and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant) [2011] UKSC 45 – read judgment. The Supreme Court has ruled that the Home Secretary’s refusal to grant [...]
National security concerns do trump human rights, sometimes
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case comments, Case law, Criminal, In the news, Politics / Public Order, Terrorism, tagged Control orders on October 12, 2011 | Comments Off
AM v. Secretary of State for the Home Department [2011] EWHC 2486 - read judgment The Home Secretary Theresa May was lambasted last week for an inaccurate reference to cats, but the more general view expressed by her and most of the media that the Human Rights Act is routinely getting in the way of national [...]
Challenge to intelligence services guidance succeeds in part – Shaheen Rahman
Posted in Art. 3 | Torture / Inhumane Treatment, Case summaries, Criminal, International, Terrorism, tagged Equality and Human Rights Commission v Prime Minister & Ors [2011] EWHC 2401 (Admin) -, hooding on October 6, 2011 | Comments Off
Equality and Human Rights Commission v Prime Minister & Ors [2011] EWHC 2401 (Admin) – Read judgment A challenge to published guidance for intelligence officers interviewing detainees overseas has been partially successful. Mr Al Bazzouni and the EHRC argued that the guidance as to what officers should do if they suspect detainees might be subject [...]
9/11 ten years on
Posted in In the news, Terrorism, tagged 9/11 on September 11, 2011 | 1 Comment »
It is ten years since the terror attacks of 11 September 2001. Like many people, I have been thinking back to where I was on that day. Bizarrely, given what followed, I spent 11 September 2001 only a few miles away from the United States military base in Guantanamo Bay. I was travelling through Cuba [...]
Anti-terrorism powers for a rainy day
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Criminal, In the news, Terrorism, tagged Control orders, TPIM on September 4, 2011 | 2 Comments »
Updated | Next week will mark the 10th anniversary of the 11 September 2001 terrorist attacks. Despite the intervening decade, the states threatened by terrorism are still puzzling out the right balance between the powers of security services and the rights of suspected terrorists to due process. Although terrorism is now mercifully low on the public [...]
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Recommended- Murder, Terrorism - two important cases February 23, 2012
- High Court upholds University Fees Regulations February 23, 2012
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
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- Case law
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Hurley & Moore, R (on the application of) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 (Admin) (17 February 2012) February 17, 20122 students fail in judicial review of tuition fee rises. Human rights (right to education under A2/P2) challenge failed outright; public law challenge failed despite finding that Sec of State "did not carry out the rigorous attention to" Public Sector Equality Duties
- Sugar v British Broadcasting Corporation & Anor [2012] UKSC 4 (15 February 2012) February 15, 2012Supreme Court: BBC need not disclsoe Israel-Palestine coverage bias report as it falls under the "journalistic material" exemption to the Freedom of Information Act
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- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012
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No deportation for Abu Qatada, but where are we now on torture evidence? – Professor Adam Tomkins
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Case comments, Children, European, Terrorism, tagged abu qatada, European Court of Human Rights, immigration appeals on January 19, 2012 | 1 Comment »
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM – 8139/09 [2012] ECHR 56 – Read judgment - updated (7/2/2012): Abu Qatada is expected to be released from Long Lartin maximum security jail within days. the special immigration appeals commission (Siac) ruled on Monday that Qatada should be freed, despite the Home Office saying he continued to pose a [...]
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