The Weekly Round-Up: ‘Pyjama Injunctions’, the Rwanda Policy, and War in Sudan and Russia’s sentencing of Alexander Navalny

1 May 2023 by

In the news

Yet again, the Public Order Bill and the Illegal Migration Bill have been back in the papers this week. The latter has made it through the House of Commons by 59 votes, following threatened rebellions from both the right and liberal wings of the Tory party. One of the resulting amendments provides the Home Secretary with the discretion to refuse to comply with interim injunctions from the ECtHR – known as ‘Rule 39 Orders’ (or ‘pyjama injunctions’ by some Tory MPs). In deciding whether to exercise her discretion, the Home Secretary will be entitled to have regard to the timeliness of any orders made by Strasbourg, as well as the ‘transparency’ of such orders. It is, however, unclear what practical effect this will have since the obligation to obey these orders exists at the international level, which domestic legislation cannot change. Once the Bill is debated in the House of Lords, it is expected that several amendments will be tabled in an attempt to temper some of the more draconian measures in the Bil – such as the detention of pregnant women and children – after the Equality and Human Rights Commission said that it is ‘seriously concerned’ about the impact of the Bill on such groups, and the implications for victims of modern slavery. Regarding the Public Order Bill (which is awaiting royal assent), the UN High Commissioner for Human Rights has described the measures introduced by the Bill as ‘wholly unnecessary’, ‘disproportionate’ and inconsistent with our international obligations, and has called on the government to reverse the legislation ‘as soon as feasible’. The government maintains that both Bills are necessary and compliant with international law.

The increasingly violent conflict in Sudan has prompted the UNHRC to call on both the Sudan Armed Forces and the Rapid Support Forces to halt the targeting of civilians and civilian infrastructure. Since the conflict broke out on 15th April just over two weeks ago, over 20,000 people have fled Sudan for Chad, with various states, including the UK and Saudi Arabia, involved in the evacuation effort. Reports have come in of deliberate bombing of residential homes, repeated breaches of ceasefires and at least 400 dead in the capital, Khartoum. However, this figure is likely to be much higher, as the conflict is preventing many from seeking help. It’s also reported that millions are without water and power as a result of the targeting of civilian infrastructure. Human Rights Watch has said that the conflict highlights the need for increased international scrutiny in the region, and MPs in Westminster have called for sanctions on certain Sudanese officials.  

Meanwhile, in Russia, officials have opened an ‘absurd’ case against Alexei Navalny, a high-profile critic of the Kremlin, for terrorism, which could see his sentence increased by thirty years. Navalny, who is already serving eleven years and six months for alleged fraud and contempt of court, appeared looking ‘gaunt’ in a Moscow court via live-link – the first time he has been seen since his suspected poisoning earlier this month. This is not the first time that the Kremlin is alleged to have attempted to assassinate Navalny via poisoning – he was poisoned with novichok in Siberia back in 2020, for which the Kremlin denied responsibility. The Kremlin says that the basis for the charges is that Navalny is indirectly responsible for the bombing of a Russian café earlier this month, in which a prominent supporter of the war in Ukraine, Vladlen Tatarsky, was killed.

In other news

  • Amnesty International has drawn attention to the human rights situation in Ghana this week. The board chairman, Francis Nyantakyi, cited the widespread practice of illegal evictions, attacks on journalists, deplorable prison conditions, literal witch-hunts, and police brutality. This comes against a background of progress in the sub-Saharan nation on human rights issues, but a noted lack of progress since 2021.
  • The government has published their plans to remove the obligation on landlords to secure a HMO license if they are providing accommodation to asylum-seekers. This would, critics say, effectively legalise the provision of “hazardous” accommodation to some of the most vulnerable members of society. The government claims the aim is to get asylum-seekers housed as soon as possible, while others have described it as an “assault on human rights”. The potential for harm is evident from the recent report by Migrant Voice, which describes the conditions of such accommodation in detail – see here.

In the courts

  • The Court of Appeal has concluded a four-day hearing on the legality of the government’s plans to send asylum-seekers to Rwanda. The case turned largely on the adequacy of the assurances given to the Home Secretary by Rwandan officials on the treatment of asylum-seekers. The court refused to provide a date by which it would make a decision, telling counsel that it will ‘take as long as it takes’.
  • The climate protesters for Just Stop Oil who scaled Dartford Bridge, causing the road to close for 40 hours, have been sentenced to a total of five years and seven months at Southend Crown Court. Their protest, in which they flew posters from the top of the bridge, delayed around 565,000 drivers and caused widespread disruption back in October last year.

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Aarhus Abortion Abu Qatada Abuse Access to justice administrative court adoption ALBA Allison Bailey Al Qaeda animal rights anonymity Appeals Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 7 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders charities Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Coercion common law confidentiality consent conservation constitution contempt of court Control orders Copyright coronavirus Coroners costs court of appeal Court of Protection covid crime Cybersecurity Damages Dartmoor data protection death penalty defamation deportation deprivation of liberty Detention diplomatic immunity disability disclosure Discrimination disease divorce DNA domestic violence duty of candour duty of care ECHR ECtHR Education election Employment Employment Law Employment Tribunal enforcement Environment Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice evidence extradition extraordinary rendition Family Fertility FGM Finance football foreign criminals foreign office France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage Gaza gender Gender Recognition Act genetics Germany gmc Google government Grenfell Health healthcare high court HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration India Indonesia injunction Inquests international law internet Inuit Iran Iraq Ireland Islam Israel Italy IVF Jalla v Shell Japan Japanese Knotweed Judaism judicial review jury trial JUSTICE Justice and Security Bill Land Reform Law Pod UK legal aid legal ethics legality Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage Maya Forstater mental capacity Mental Health military Ministry of Justice modern slavery monitoring murder music Muslim nationality national security NHS Northern Ireland nuclear challenges nuisance Obituary ouster clauses parental rights parliamentary expenses scandal Parole patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Private Property Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries public law Regulatory Proceedings rehabilitation Reith Lectures Religion RightsInfo Right to assembly right to die right to family life Right to Privacy Right to Roam right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice Sex sexual offence sexual orientation Sikhism Smoking social media Social Work South Africa Spain special advocates Sports Standing statelessness Statutory Interpretation stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture Transgender travel treaty TTIP Turkey UK Ukraine UK Supreme Court unduly harsh united nations unlawful detention USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks Wild Camping wind farms WomenInLaw YearInReview Zimbabwe
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