Othman (Abu Qatada) v United Kingdom – 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 risk to national security. Angus McCullough QC [...]
Archive for the ‘Terrorism’ Category
Suspected terrorist may not be deported to Jordan – Strasbourg rules
Posted in Art. 6 | Right to Fair Trial, Case summaries, Immigration/Extradition, In the news, Terrorism, tagged abu qatada on January 17, 2012 | 3 Comments »
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 |
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 |
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 |
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 |
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 |
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 [...]
Guest post: Will the Detainee Inquiry be human rights compliant? A JUSTICE reply – Eric Metcalfe
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, In the news, Inquests and Inquiries, Terrorism on August 16, 2011 |
A year after it was first announced, the Detainee Inquiry on 6 July published its Protocol and terms of reference. On 3 August, JUSTICaE together with 9 other NGOs wrote to the Detainee Inquiry. Among other things, we said that an Inquiry conducted on such terms would ‘plainly … not comply with Article 3 [of [...]
Detainee Inquiry takes shape, responds to criticisms
Posted in Art. 3 | Torture / Inhumane Treatment, In the news, Inquests and Inquiries, Terrorism, tagged Detainee inquiry on July 26, 2011 | 4 Comments »
The Terms of Reference and the Protocol for the Government’s impending Detainee Inquiry have recently been published. The Protocol makes clear that the Inquiry is to be granted unfettered access to a broad range of information, but the limitations on the publication of that information have prompted criticism from human rights groups. On 6th July [...]
Terrorism off the agenda, for now
Posted in Art. 5 | Right to Liberty, Art. 8 | Right to Privacy/Family, Criminal, In the news, Terrorism on July 20, 2011 |
Updated |The UK public only really worries about terrorism after an attack or a credible threat of one. Certainly, at the moment, it would take a serious threat to knock the Shakespearean drama of phone-hacking off the front pages. Nevertheless, the government and others continue their efforts to contain the threat, and it is perhaps a sign of [...]
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Recommended- Latest human rights developments in the UK: 21/5/2012 – 27/5/2012 - Law Think May 27, 2012
- UK Blawg Review #10 – Part 1 - May 27, 2012
- Can the UK suspend free movement? - Free Movement Blog May 27, 2012
- Prisoners’ votes: Ballot and chain | The Economist May 25, 2012THE vexed issue of voting rights for prisoners combines two of the Conservative Party’s main preoccupations: penal policy and the European Court of Human Rights (ECHR)...
- We must defy Strasbourg on prisoner votes - David Davis and Jack Straw, Telegraph May 24, 2012
- Sunlight is the best disinfectant: open justice and company law proceedings May 24, 2012
- Names and CVs of Candidate Judges for Eight Countries May 24, 2012
- UK to resist giving prisoners the vote despite European court ruling | Law | The Guardian May 23, 2012
- Case law
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012) May 16, 2012Court of Appeal: Person knowingly working illegally cannot bring racial discrimination claim against "employers"
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012
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UKHRB on Twitter
- Weekend catchup from Wessen Jazrawi- prisoner voting, Bratza's replacement and peaceful protest- human rights roundup ukhumanrightsblog.com/2012/05/27/pri… 3 hours ago
- #Prisonervotes is generating some strong and contrasting opinions- see Aitken v David and Straw: guardian.co.uk/commentisfree/… telegraph.co.uk/news/uknews/la… 2 days ago
- Fresh on the blog by Reuven Ziegler: the case for letting prisoners vote ukhumanrightsblog.com/2012/05/24/the… 2 days ago
- New from @rosalindenglish- police denied TV footage of Dale Farm evictions ukhumanrightsblog.com/2012/05/24/pol… 3 days ago
- Prisoner votes ruling continuing to have political repercussions guardian.co.uk/law/2012/may/2… #prisonervotes 3 days ago
- SC: for Art 6 compliance, cts can, in exceptional circumstances, extend period for filing and serving notice of appeal #extradition 3 days ago
Adam Wagner on Twitter
- RT @MsLods: UK: Barrister who called opposing lawyers "slimebags" on twitter struck off. telegraph.co.uk/news/uknews/la… (ping @journlaw) 24 minutes ago
- Is David Mitchell being serious or not? Human rights … or just an excuse for Strasbourg to tell Britain what to do? gu.com/p/37pfb/tw 2 hours ago
- Prisoner voting, Bratza's replacement and peaceful protest > this week's UK #humanrights roundup just posted wp.me/pJiO3-3Fb 2 hours ago
- It's here! @charonqc tells it as it is > UK Blawg Review #10 – Part 1 j.mp/JG8V4Y 6 hours ago
- Oh! Extraordinary goings on at Charles Taylor's war crimes trial... > More on the Removal of Judge Sow j.mp/LnNQH1 2 days ago
- RT @koldo_casla: One of the best pieces I´ve ever read on the case for letting prisoners vote - Reuven Ziegler wp.me/pJiO3-3F7 via ... 2 days ago
- Recent posts
- Prisoner voting, Bratza’s replacement and peaceful protest – The Human Rights Roundup May 27, 2012 Wessen Jazrawi
- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
- Police denied TV footage of Dale Farm evictions May 24, 2012 Rosalind English
- Time extended for appeals under Extradition Act May 23, 2012 Rosalind English
- Why no public appointment hearings for UK’s new European Court of Human Rights judge? May 23, 2012 Adam Wagner
- Don’t rely on human rights in a dismissal claim May 22, 2012 Martin Downs
- European Court of Human Rights retreats but doesn’t surrender on prisoner votes May 22, 2012 Adam Wagner
- Pssst… no secret hearings in naturalisation cases May 22, 2012 Isabel McArdle
Disclaimer
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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