Landmark ruling for inquests and Chelsea Manning released from prison: The Round Up

13 May 2019 by

Conor Monighan brings us the latest updates in human rights law


Credit: The Guardian

In the News:

Chelsea Manning, the ex-US intelligence analyst, was released from prison last week.

Manning was found guilty of a variety of charges in 2013, including espionage. She was subsequently given the longest sentence for a security leak in US history. After serving an initial period in jail, the remainder of her sentence was commuted by President Obama in 2017 on the basis that it was “disproportionate” to her crimes.

Ms. Manning has since refused to testify to a grand jury about her connections to WikiLeaks and Julian Assange (its founder). She claims that she has already given testimony as part of her trial in 2013, and objects to the grand jury system in principle. However, prosecutors have suggested that her evidence may have been inaccurate. A judge in Virginia ordered her to be taken into custody for 62 days.

She was released last week after the 62 day period elapsed. In the meantime, however, Ms. Manning was served with another subpoena which requires her to appear before a grand jury on May 16th in order to testify about the same issues. It seems likely, therefore, that she will be imprisoned again for contempt of court.

A new film titled XY Chelsea is due to be released shortly, which weaves whistle blower Chelsea Manning’s release from prison and transition to becoming a women. Watch the trailer here.

In Other News….

  • Wa Lone and Kyaw Soe Oo, the two Reuters journalists jailed for reporting on the Rohingya crisis, have been released by Myanmar. The pair were originally jailed for breaching Myanmar’s Official Secrets Act and received a seven-year prison term. Time magazine reported how the police invited them to dinner, handed them some documents and then left. The pair were arrested before they could even read the papers. The plight of the journalists have become a symbol of diminishing press freedom in Myanmar, with their treatment attracting international condemnation. President Win Myint has now decided to pardon them. The pair (who won a Pulitzer Prize for their work) have vowed to continue reporting. More from Time magazine here.
  • A UN report revealed that one million animal and plant species are now threatened with extinction due to human activity. The study was released by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) and took three years to create. It warned that the biomass of wild mammals has fallen by 82% and two in five amphibian species are at risk of extinction. Human population growth is the main cause. The economic consequences of these changes are serious. The loss of pollinators, such as bees, means £440 billion of crops are at risk. 23% of land has lost productivity due to land degradation. The report concluded that the changes can be halted, but to do so would require “transformative change”. More from the Guardian here.
  • The US state of Georgia passed legislation banning abortions once a doctor is able to detect foetal cardiac activity in the womb. This point is usually around six weeks into pregnancy. The law also criminalises those who help induce abortions past this stage. The decision sparked criticism, not least because many women do not know they are pregnant until nine weeks. 50 actors, including Alec Baldwin and Laverne Cox, have said that they will boycott Georgia over the change. Film and television productions brought £2.1 billion into the state last year. The actress Alyssa Milano caused further controversy by advocating a sex strike in protest. The law, nicknamed “the heartbeat bill”, is currently due to come into force on 1st January 2020. However, it is highly likely that the legislation will be challenged in the courts using the landmark decision of Roe v Wade. The BBC reports here.
  • A potentially important case on privacy v freedom of expression is winding its way through the French legal system. French playwright Hedi Tillette de Clermont-Tonnerre’s show about the Barclay brothers performed to claim this year in a small Paris theatre. But it attracted the attention of David Barclay, one of the twins who own a number of properties including the Ritz hotel. Mr Barclay alleges that the play “Two Brothers and the Lions” defamed him and breached his right to privacy.  The names of the Barclay brothers are not mentioned in the play. A court in Caen will rule on the balance between privacy and freedom of expression in the forthcoming months.

In the Courts:

  • R (On the Application Of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire: In a landmark judgment, the Court of Appeal decided that inquests should use the civil standard to determine whether an individual took their own life. The appellant, the brother of the deceased, sought to rely on apparently settled law and practice in order to submit that the criminal standard should apply. However, the Court of Appeal found that no authority specifically held the criminal standard should apply to cases of suicide. It went on to find that case law arising from Article 2 ECHR strongly supports the use of the civil standard. The court also rejected the idea that an ‘intermediate’ standard of proof could apply to inquests, or that a different standard could apply to short-form and narrative conclusions. Finally, the court indicated (obiter) that the criminal standard should continue to apply to cases of unlawful killing, though it ultimately declined to decide on the issue.
  • Foreign and Commonwealth Office & Ors v Bamieh: The Court of Appeal ruled that the ‘whistleblowing’ protections in ss. 47B(1A) and 48(1A) of the Employment Rights Act 1996 (“ERA”) do not apply extraterritorially. These provisions prevent workers from being treated adversely for making certain disclosures in the public interest. The court noted the UK rarely purports to legislate ‘for the whole world’ and that the ERA was not such an exceptional statute. However, the court suggested this general rule could be displaced if the strength of the connection with Great Britain and British employment law is sufficient (e.g. employment in a British enclave). The individuals concerned were employed by the Foreign and Commonwealth Office (“FCO”) and seconded to the EU mission in Kosovo. After undertaking a factual analysis, the court concluded that it should focus on the employment relationship between the individuals and the EU mission. The ERA did not, therefore, apply. To decide otherwise would expose the FCO to liability for matters it could not control.
  • AM (Somalia) v The Secretary of State for the Home Department: The Court of Appeal rejected a challenge to First Tier Tribunal’s (“FTT”) decision to uphold the Home Secretary’s revocation of the appellant’s refugee status. The court ruled that the FTT’s refusal to adjourn for an Offender Assessment System report (“OAS”) was lawful. It found that the OAS would not have supported the appellant’s case because his refugee status had already been revoked and he could not, therefore, invoke the Refugee Convention. Nor would the OAS have assisted the appellant’s Article 8 ECHR claim, because he could not show that he was a reformed man. His Article 8 claim, therefore, was not sufficiently strong to outweigh the public interest in his deportation.

On the UKHRB

There are a number of new articles on the UKHRB:

  • Rosalind English has written an article on R (on the application of Rachel Andrews) v Minister for the Cabinet Office, in which the current systems for helping blind and partially sighted people vote were found to be unsatisfactory.
  • Matthew Fisher examined the use of Machine Learning Algorithms.
  • Rosalind English considered what status foreign law occupies in Chinese courts.
  • In the latest episode of Law Pod UK Rosalind English discusses the implications of the new Copyright Directive with music lawyer Andrew Lewis.


  • Is there danger ahead with AI?, 14th May with Gresham College. More information here.
  • Rethinking Human Rights: a southern response to western critics, 22nd May at the LSE. More information here.

If you would like your event to be mentioned on the Blog, please email the Blog’s Commissioning Editor at

Welcome to the UKHRB

This blog is run by 1 Crown Office Row barristers' chambers. Subscribe for free updates here. The blog's editorial team is:
Commissioning Editor: Jonathan Metzer
Editorial Team: Rosalind English
Angus McCullough QC David Hart QC
Martin Downs
Jim Duffy

Free email updates

Enter your email address to subscribe to this blog for free and receive weekly notifications of new posts by email.




7/7 Bombings 9/11 A1P1 Aarhus Abortion Abu Qatada Abuse Access to justice adoption AI air pollution air travel ALBA Allergy Al Qaeda Amnesty International animal rights Animals anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 article 263 TFEU Artificial Intelligence Asbestos Assange assisted suicide asylum asylum seekers Australia autism badgers benefits Bill of Rights biotechnology birds directive blogging Bloody Sunday brexit Bribery British Waterways Board Catholic Church Catholicism Chagos Islanders Charter of Fundamental Rights child protection Children children's rights China christianity circumcision citizenship civil liberties campaigners civil partnerships climate change clinical negligence closed material procedure Coercion Cologne Commission on a Bill of Rights common buzzard common law communications competition confidentiality confiscation order conscientious objection consent conservation constitution contact order contempt of court Control orders Copyright coronavirus costs costs budgets Court of Protection crime criminal law Criminal Legal Aid criminal records Cybersecurity Damages data protection death penalty declaration of incompatibility defamation DEFRA Democracy village deportation deprivation of liberty derogations Detention devolution Dignitas dignity Dignity in Dying diplomacy director of public prosecutions disability Disability-related harassment disciplinary hearing disclosure Discrimination Discrimination law disease divorce DNA doctors does it matter? domestic violence Dominic Grieve don't ask don't ask don't tell don't tell Doogan and Wood double conviction DPP guidelines drones duty of care ECHR economic and social rights economic loss ECtHR Education election Employment Environment environmental information Equality Act Equality Act 2010 ethics Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Convention on Human Rights European Court of Human Rights European Court of Justice european disability forum European Sanctions Blog Eurozone euthanasia evidence Exclusion extra-jurisdictional reach of ECHR extra-territoriality extradition extradition act extradition procedures extradition review extraordinary rendition Facebook Facebook contempt facial recognition fair procedures Fair Trial faith courts fake news Family family courts family law family legal aid Family life fatal accidents act Fertility fertility treatment FGM fisheries fishing rights foreign criminals foreign office foreign policy France freedom of assembly Freedom of Association Freedom of Expression freedom of information Freedom of Information Act 2000 freedom of movement freedom of speech free speech game birds gangbo gang injunctions Garry Mann gary dobson Gary McFarlane gay discrimination Gay marriage gay rights gay soldiers Gaza Gaza conflict Gender General Dental Council General Election General Medical Council genetic discrimination genetic engineering genetic information genetics genetic testing Google government Grenfell grooming Gun Control gwyneth paltrow gypsies habitats habitats protection Halsbury's Law Exchange hammerton v uk happy new year harassment Hardeep Singh Haringey Council Harkins and Edwards Health healthcare health insurance Heathrow heist heightened scrutiny Henry VII Henry VIII herd immunity hereditary disorder High Court of Justiciary Hirst v UK HIV HJ Iran HM (Iraq) v The Secretary of state for the home department [2010] EWCA Civ 1322 Holder holkham beach holocaust homelessness Home Office Home Office v Tariq homeopathy hooding Hounslow v Powell House of Commons Housing housing benefits Howard League for Penal Reform how judges decide cases hra damages claim Hrant Dink HRLA HS2 hs2 challenge hts Human Fertilisation and Embryology Act Human Fertilisation and Embryology Authority human genome human rights Human Rights Act Human Rights Act 1998 human rights advocacy Human rights and the UK constitution human rights commission human rights conventions human rights damages Human Rights Day human rights decisions Human Rights Information Project human rights news Human Rights Watch human right to education human trafficking hunting Huntington's Disease HXA hyper injunctions Igor Sutyagin illegality defence immigration Immigration/Extradition Immigration Act 2014 immigration appeals immigration detention immigration judge immigration rules immunity increase of sanction India Indonesia Infrastructure Planning Committee inherent jurisdiction inherited disease Inhuman and degrading treatment injunction Inquest Inquests insult insurance insurmountable obstacles intelligence services act intercept evidence interception interests of the child interim remedies international international conflict international criminal court international humanitarian law international human rights international human rights law international law international treaty obligations internet internet service providers internment internship inuit investigation investigative duty in vitro fertilisation Iran iranian bank sanctions Iranian nuclear program Iraq Iraqi asylum seeker Iraq War Ireland irrationality islam Israel Italy iTunes IVF ivory ban jackson reforms Janowiec and Others v Russia ( Japan Jason Smith Jeet Singh Jefferies Jeremy Corbyn jeremy hunt job Jogee John Hemming John Terry joint enterprise joint tenancy Jon Guant Joseph v Spiller journalism judaism judges Judges and Juries judging Judicial activism judicial brevity judicial deference judicial review Judicial Review reform judiciary Julian Assange jurisdiction jury trial JUSTICE Justice and Security Act Justice and Security Bill Justice and Security Green Paper Justice Human Rights Awards JUSTICE Human Rights Awards 2010 just satisfaction Katyn Massacre Kay v Lambeth Kay v UK Ken Clarke Ken Pease Kerry McCarthy Kettling Kings College Klimas koran burning Labour Lady Hale lansley NHS reforms LASPO Law Commission Law Pod UK Law Society Law Society of Scotland leave to enter leave to remain legal aid legal aid cuts Legal Aid desert Legal Aid Reforms legal blogs Legal Certainty legal naughty step Legal Ombudsman legal representation legitimate expectation let as a dwelling Leveson Inquiry Levi Bellfield lewisham hospital closure lgbtq liability Libel libel reform Liberal Democrat Conference Liberty libraries closure library closures Libya licence conditions licence to shoot life insurance life sentence life support limestone pavements limitation lisbon treaty Lithuania Litigation litvinenko live exports local authorities locked in syndrome london borough of merton London Legal Walk London Probation Trust Lord Bingham Lord Bingham of Cornhill Lord Blair Lord Goldsmith lord irvine Lord Judge speech Lord Kerr Lord Lester Lord Neuberger Lord Phillips Lord Rodger Lord Sumption Lord Taylor LSC tender luftur rahman machine learning MAGA Magna Carta mail on sunday Majority Verdict Malcolm Kennedy malice Margaret Thatcher Margin of Appreciation margin of discretion Maria Gallastegui marriage material support maternity pay Matthew Woods Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB) Maya the Cat Mba v London Borough Of Merton McKenzie friend Media and Censorship Medical medical liability medical negligence medical qualifications medical records medicine mental capacity Mental Capacity Act Mental Capacity Act 2005 Mental Health mental health act mental health advocacy mental health awareness Mental Health Courts Mental illness merits review MGN v UK michael gove Midwives migrant crisis Milly Dowler Ministerial Code Ministry of Justice Ministry of Justice cuts misfeasance in public office modern slavery morality morocco mortuaries motherhood Motor Neurone disease Moulton Mousa MP expenses Mr Gul Mr Justice Eady MS (Palestinian Territories) (FC) (Appellant) v Secretary of State for the Home Department murder murder reform Musician's Union Muslim NADA v. SWITZERLAND - 10593/08 - HEJUD [2012] ECHR 1691 naked rambler Naomi Campbell nationality National Pro Bono Week national security Natural England nature conservation naturism Nazi negligence Neuberger neuroscience Newcastle university news News of the World new Supreme Court President NHS NHS Risk Register Nick Clegg Nicklinson Niqaab Noise Regulations 2005 Northern Ireland nuclear challenges nuisance nursing nursing home Obituary Occupy London offensive jokes Offensive Speech offensive t shirt oil spill olympics open justice oppress OPQ v BJM orchestra Osama Bin Laden Oxford University paramountcy principle parental rights parenthood parking spaces parliamentary expenses parliamentary expenses scandal Parliamentary sovereignty Parliament square parole board passive smoking pastor Terry Jones patents Pathway Students Patrick Quinn murder Pensions persecution personal data Personal Injury personality rights perversity Peter and Hazelmary Bull PF and EF v UK Phil Woolas phone hacking phone taps physical and mental disabilities physician assisted death Pinnock Piracy Plagiarism planning planning human rights planning system plebgate POCA podcast points Poland Police police investigations police liability police misconduct police powers police surveillance Policy Exchange report political judges Politics Politics/Public Order poor reporting Pope Pope's visit Pope Benedict portal possession proceedings power of attorney PoW letters to ministers pre-nup pre-nuptial Pre-trial detention predator control pregnancy press press briefing press freedom Prince Charles prince of wales princess caroline of monaco principle of subsidiarity prior restraint prison Prisoners prisoners rights prisoners voting prisoner vote prisoner votes prisoner voting prison numbers Prisons prison vote privacy privacy injunction privacy law through the front door Private life private nuisance private use proceeds of crime Professional Discipline Property proportionality prosecution Protection of Freedoms Act Protection of Freedoms Bill Protest protest camp protest rights Protocol 15 psychiatric hospitals Public/Private public access publication public authorities Public Bodies Bill public inquiries public interest public interest environmental litigation public interest immunity Public Order Public Sector Equality Duty putting the past behind quango quantum quarantine Queen's Speech queer in the 21st century R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 R (on the application of) v The General Medical Council [2013] EWHC 2839 (Admin) R (on the application of EH) v Secretary of State for the Home Department [2012] EWHC 2569 (Admin) R (on the application of G) v The Governors of X School Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 race relations Rachel Corrie Radmacher Raed Salah Mahajna Raed Saleh Ramsgate raptors rehabilitation Reith Lectures Religion resuscitation RightsInfo right to die right to family life right to life Right to Privacy right to swim riots Roma Romania Round Up Royals Russia saudi arabia Scotland secrecy secret justice Secret trials security services sexual offence Sikhism Smoking social media social workers South Africa south african constitution Spain special advocates spending cuts Standing starvation statelessness stem cells stop and search Strasbourg super injunctions Supreme Court Supreme Court of Canada surrogacy surveillance swine flu Syria Tax Taxi technology Terrorism terrorism act tort Torture travel treason treaty accession trial by jury TTIP Turkey Twitter UK Ukraine unfair consultation universal jurisdiction unlawful detention USA US Supreme Court vaccination vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wildlife wind farms WomenInLaw Worboys wrongful birth YearInReview Zimbabwe


This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.

Our privacy policy can be found on our ‘subscribe’ page or by clicking here.

%d bloggers like this: