Unelected judges decline to prevent deportation of foreign criminal

unknownAmid a level of scrutiny unprecedented in the Supreme Court’s seven-year history, that is a headline unlikely to make it into tomorrow’s tabloids.

Nevertheless, as Lord Wilson explains in Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60:

Today is an important day in the life of our court. For it is the first occasion upon which either we or our predecessors in the House of Lords have had occasion to address the interface between the power of the Secretary of State to deport a foreign criminal and the latter’s ability to resist deportation by reference to his right for respect for his family life under article 8 of the ECHR.

Continue reading

de Menezes: No individual prosecutions, but an effective investigation – ECtHR

This week, the mosaic shrine adorning the wall outside Stockwell underground station once again became the focal point for difficult questions surrounding the police response the terrorist attacks of 2005.

The judgment of a Grand Chamber of the European Court of Human Rights in Da Silva v the United Kingdom draws a line under a long legal battle mounted by the family of Jean Charles de Menezes, the young Brazilian electrician shot dead by the Metropolitan Police on 22 July 2005 having been mistaken for a suicide bomber. Continue reading

10 human rights cases that defined 2015

Supreme Court

Photo credit: Guardian

It has been a fascinating year in which to edit this Blog. Political and social challenges – from continued government cuts to the alarming rise of Islamic State – have presented new human rights conundrums that have, as ever, slowly percolated to the doors of the country’s highest courts. And all this during the year of an astonishing General Election result and amid continually shifting sands around the future of the Human Rights Act. Continue reading

Shaker Aamer’s release: What happens next?

And so, thirteen years after his capture, eight years after the US Government cleared him for release, and seven years after President Obama’s spectacularly broken promise to shut down Guantánamo, Shaker Aamer has left the prison, as innocent as the day he went in.

Continue reading

The Blog is 5. And this is your last chance to come to the party!

ann-marie-calilhanna-mardigras-party-2012_1514-banner

After 2,237 posts and 4.6 million visits from readers all over the world, the UK Human Rights Blog is 5 years old.  

As we announced last month, we at 1 Crown Office Row are marking the occasion with a party next Thursday (29 October). 

There are still a few places available for this free event featuring drinks, food and live music. It’s open to all our readers.

Continue reading

The private lives of child rioters

Derry riotsIn the matter of an application by JR38 for Judicial Review (Northern Ireland) [2015] UKSC 42

Does the publication of photographs of a child taken during a riot fall within the scope of Article 8 ECHR?

It depends, says a Supreme Court majority, specifically on whether there was a reasonable expectation of privacy. Either way, the Court in J38 agreed that whether or not the 14 year-old Appellant’s right to respect for private life was in play, the publication of police photographs of him was justified in the circumstances.

Continue reading