The Weekly Round-up: Alexei Navalny conviction, compensation for miscarriages of justice, and camping on Dartmoor

7 August 2023 by Grace Storrie

In the news 

Alexei Navalny – a vocal critic of Putin’s government and prominent opposition figure in Russia – has been sentenced to a further 19 years in prison. Navalny is already serving an 11-year sentence for various charges. The hearing for this most recent conviction was held behind closed doors, at a penal colony in Nelekhovo (to the east of Moscow). The opposition leader was found guilty on six counts, including a charge for inciting and financing extremism. As part of this most recent conviction, Navalny will be moved to a “special regime colony”, where his access to visitors (including family members and his legal team) will be reduced. Volker Türk, the United Nations High Commissioner for Human Rights, called for Navalny’s release and denounced the “repressive crackdown on freedom of expression and political opposition in Russia”. 

In a similar piece of news, the UK Government imposed sanctions on 6 individuals in connection with the conviction of Vladimir Kara-Murza, a prominent critic of Russia’s war in Ukraine. Mr Kara-Murza is a dual Russian and British national, who was sentenced earlier this year to 25 years in a penal colony for treason and spreading “knowingly false information” about the Russian armed forces. Mr Kara-Murza’s appeal was dismissed this week, prompting the UK Government to initiate fresh sanctions against the three judges, two prosecutors and “expert witness” involved in Kara-Murza’s appeal. The UK Government says the conviction is “politically motivated targeting” and Mr Kara-Murza is being persecuted for his anti-war stance. The sanctions include asset freezes and travel bans against the individuals concerned. 

Meanwhile, the Government has decided to overturn a rule which allowed living costs to be deducted from compensation awards given to people wrongly convicted of crimes. Under the current government scheme, people can claim compensation for miscarriages of justice. Those jailed for more than 10 years can claim up to £1m. However, since 2007, it has been possible to reduce the total award to take into account the living costs a person might “save” (on food and accommodation, for example) while in prison. Commenting on the decision, Justice Secretary Alex Chalk stated the move was a “common sense change which will ensure victims do not face paying twice for crimes they did not commit”. While a welcome change, the compensation scheme is still criticised for imposing an onerous burden on claimants seeking compensation. This issue was brought before the European Court of Human Rights this year, where it was argued the current test for compensation breaches the presumption of innocence under Article 6 of the European Convention on Human Rights. 

In other news 

This week, Taiwan has introduced new laws relating to sexual offences. In June, Taiwan experienced a sudden surge in allegations of sexual harassment. The first allegations were brought against senior staff of the Democratic Progressive Party, and since then, more claims have been brought against members of the media, entertainment industry, and various celebrities. The laws introduced on Monday are an attempt to toughen Taiwan’s stance on sexual offences. Under the new laws, all workplaces are required to set up channels for reporting sexual harassment, and failing to do so can incur a fine of $31,700. In schools, all relationships between educators and students have been banned, and fines have been imposed for failing to report student harassment claims. While many have welcomed the reforms, others have expressed concern that the laws are insufficient for addressing deep-rooted attitudes towards sexual harassment in Taiwan. 

Meanwhile, the UK Parliamentary ombudsman has found the Foreign Office failed to notice the signs of torture when a British academic was detained in the United Arab Emirates. Dr Matthew Hedges was arrested in Abu Dhabi in 2018. While detained, Dr Hedges was visited by British Embassy officials who failed to recognise “clear signs” Dr Hedges was being mistreated. The ombudsman has awarded compensation of £1,500 and Hedges has requested a formal apology from the Foreign Office, who said it would review the findings of this case. 

Finally, the Solicitors Regulation Authority has closed down three law firms and removed the practising certificates of three solicitors, following allegations of wrongdoing in handling asylum applications. The SRA says the firms were charging clients large sums of money for fake asylum and human rights claims. The regulatory body announced it will start a wider investigation into the immigration sector to take into account the issues raised by these firms. 

In the courts 

In Darwall & Anor v Dartmoor National Park Authority, the Court of Appeal ruled on whether wild camping is permitted on Dartmoor National Park. This case turns on the proper construction of section 10(1) of the Dartmoor Commons Act 1985. In January, the Chancellor of the High Court held that wild camping was not a form of “open-air recreation” provided for under the statute, and nor was it an implied right which facilitates the right of access. In his judgement, Sir Vos, Master of the Rolls, disagreed; the statute does not limit the forms of recreation allowed on Dartmoor to those undertaken on foot or on horseback. Thus, wild camping must be construed as a form of open-air recreation and the 1985 Act confers on members of the public the right to camp on Dartmoor Commons. 

In London Borough of Hillingdon & Ors (On the Application Of) v Mayor of London (Re ULEZ Expansion), the High Court dismissed a legal challenge brought by five London Borough Councils against the expansion of the Ultra Low Emission Zone. The claimants argued that under the Greater London Authority Act 1999, the Mayor of London does not have the power to extend the current scheme, that the Mayor unlawfully conducted the public consultation exercise prior to the decision to enact the scheme, and that the Mayor’s decision to grant £110 million to Transport for London to meet the costs of the new London Vehicle Scrappage Scheme was unlawful. The Councils failed on all three of these arguments. As a result, the Mayor of London has confirmedthat the ULEZ zone will expand to cover the Greater London area on the 19 August 2023, as planned.