Search Results for: justice and security bill/page/45/ukhumanrightsblog.com/2012/03/21/appeasement-it-may-be-but-exclusion-of-iranian-dissident-not-a-matter-for-the-courts
23 December 2013 by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular raging winter storm of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by Adam Wagner, post by Sarina Kidd.
The Government received an unwelcome early christmas present this week, with the Joint Parliamentary Committee reporting that a blanket ban on prisoner enfranchisement had no rational basis. Meanwhile, Britain’s potentially unlawful treatment of detainees with regard to rendition and torture are coming to light with the Gibson Inquiry, and a senior judge has announced that perhaps, after the ‘forced Caesarean’ escalation, there needs to be more transparency in the family courts and Court of Protection.
Continue reading →
Like this:
Like Loading...
7 November 2011 by Melina Padron
Sir Nicolas Bratza
Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Melinda Padron
In the news
Family Justice Review
Last week the final report of the Family Justice Review (on Family Law) was published. The Family Lore blog has provided us with a summary of the key findings and a few comments on the review (so did Adam Wagner). See also the Pink Tape blog’s post on the topic.
Tackling the problem of delay seems to be the heart of the Family Justice Review’s proposals, evidenced by this piece, written by David Norgrove, who chaired the Family Justice Review, about the need to tackle the problem of delay in the family justice system when it comes to child protection cases. Norgrove says such delays are damaging to children and suggests, amongst other things, that children’s welfare should not be trumped by parents’ rights in these circumstances.
Continue reading →
Like this:
Like Loading...
26 March 2014 by Guest Contributor
As MPs and Peers consider the Civil Legal Aid (Remuneration)(Amendment)(No 3) Regulations and the Criminal Justice and Courts Bill, Angela Patrick, Director of Human Rights Policy at JUSTICE considers the Lord Chancellor’s view that proposed judicial review changes do not restrict access to judicial review remedies or restrict the rule of law.
Tomorrow (Thursday), MPs will consider a series of detailed amendments to the Government’s proposed changes to judicial review in the Criminal Justice and Courts Bill. The proposed changes to legal aid for judicial review are not up for debate. The Regulations, which will restrict legal aid to only those cases granted permission, are already made and due to come into force on 22 April. There will be no debate on those changes, unless MPs and Peers demand one.
Continue reading →
Like this:
Like Loading...
8 December 2010 by Rosalind English
This time two years ago two obscure environmental groups, Clientearth and the Marine Conservation Society , took a step that may make more difference to the enforcement of environmental rights in this country than all the recent high-profile “green” NGO campaigns put together.
They submitted a complaint – euphemistically called a “communication” – to the enforcement body of the Aarhus Convention, a treaty which lays down baseline rules for proper environmental justice in the EU, alerting it to various shortcomings in the legal system of England and Wales (inelegantly but conveniently referred to in the report as E & W).
Continue reading →
Like this:
Like Loading...
13 June 2012 by Adam Wagner
The Home Office has released its Statement of Intent on Family Migration, which, amongst other things, makes the position a little clearer on its plans for Article 8 of the European Convention on Human Rights, as discussed in my earlier post (thank you to Obiter J for linking to the document in his post).
In short, the changes are much wider than initially thought. The plan is not to simply ask Parliament to approve a declaration of intent on Article 8 as some suspected, but rather to ask Parliament to approve amended Immigration Rules which will set out an extensive, codified definition of the Article 8 balancing factors, in order to:
unify consideration under the rules and Article 8, by defining the basis on which a person can enter or remain in the UK on the basis of their family or private life.
The plans, which are set out from paragraph 27 of the report, are therefore more significant than I and others had been speculating, in that they will apply not just to the deportation of foreign criminals as was the focus of the press coverage and Home Secretary Theresa May’s statement to Parliament, but to the whole of immigration law. They also set out the legal reasoning as to why this is expected to bind judges, which appears to originate from an obiter comment in paragraph 17 of the 2007 House of Lords case of Huang.
Continue reading →
Like this:
Like Loading...
1 March 2012 by Adam Wagner
Not me giving evidence to the Leveson Inquiry
Last month I was asked to provide a witness statement to the Leveson Inquiry into Culture, Practice and Ethics of the Press. You can download the entire statement here, The questions in bold are those asked by the Inquiry in their request – read part 1 here.
On similar topics, I also recommend the statements of Francis FitzGibbon QC and David Allen Green.
(10) Does/Can blogging act as a check on bad journalism?
Yes. The primary reason UKHRB was set up was to act as a corrective to bad journalism about human rights, and in under two years it has become a trusted source of information for journalists, politicians, those in government and members of the public.
UKHRB operates alongside a number of other excellent legal blogs, run by lawyers, students and enthusiasts for free, which provide a similar service in respect of other areas of law. I would highlight, for example[2]:
Continue reading →
Like this:
Like Loading...
16 February 2011 by Alasdair Henderson
BA (Demonstrators in Britain – risk on return) Iran CG [2011] UKUT 36 (IAC) – read judgment – and SA (Iranian Arabs-no general risk) Iran CG [2011] UKUT 41(IAC) – read judgment.
The Upper Tribunal (Immigration and Asylum Chamber) last week allowed two asylum appeals by Iranian political activists, and laid down guidance on the factors the Home Office and immigration tribunals should take into account when deciding asylum applications and appeals based on political activities here in the UK.
In the midst of all the excitement over the events in Tunisia and Egypt, it is important to remember that most countries in the wider Middle East are still under the control of authoritarian regimes which give scant regard to basic human rights. In particular, the success of the recent protests in removing Presidents Ben Ali and Mubarak from office are a reminder of the very similar, but unsuccessful, protests in Iran following the re-election of President Ahmadinejad in June 2009. The Iranian regime brutally suppressed the protesters in 2009, and there has been a crack-down on opposition activists since. The same reaction by the regime has been evident at renewed protests yesterday and today. The Upper Tribunal had to consider the ongoing situation in Iran in two recent decisions.
Continue reading →
Like this:
Like Loading...
14 January 2011 by Guest Contributor
The European Court of Human Rights has handed down judgment in Ali v United Kingdom (Application no. 40385/06, 11 January 2011). The decision is the final instalment of the litigation which culminated at the domestic level in the judgment of the House of Lords in Ali v Lord Grey School [2006] UKHL 14.
Perhaps unsurprisingly, the ECtHR has upheld the conclusion of the HoL (Baroness Hale dissenting in part) that no violation of the A2P1 right to education occurred. However, in certain significant respects the reasoning of the ECtHR diverges from that of the HoL. In particular, it provides important guidance on: (i) the circumstances in which school exclusions are compatible with A2P1 rights; and (ii) the content of the right to education.
Continue reading →
Like this:
Like Loading...
14 January 2011 by Rosalind English
Bank Mellat v HM Treasury [2011] EWCA Civ 1: read judgment.
Financial restrictions imposed in 2009 on an Iranian Bank which effectively excluded it from the UK financial market did not breach common law or ECHR principles of fairness, said the Court of Appeal on Thursday.
The Counter-Terrorism Act 2008 conferred powers on the Treasury to restrict persons operating in the financial sector from entering or participating in any transaction or business relationship with the appellant Bank Mellat (BM). The Order, which was subject to the affirmative resolution procedure and reviewable on limited grounds (Section 63(2) CTA) was justified by a Ministerial Statement which declared that the direction to cease business would
reduce the risk of the UK financial sector being used, unknowingly or otherwise, to facilitate Iran’s proliferation sensitive activities.
Continue reading →
Like this:
Like Loading...
22 March 2012 by David Hart KC
Cases T-439/10 and T-440/10, Fulmen & Mahmoudian v. Council of the European Union, read judgment
Fulmen, as many of you will know, means thunderbolt in Latin. So it must have seemed when this Iranian company had its assets frozen. This case is a good example of how general principles of European law were applied to annul measures taken against these Iranian applicants. The measures were part of EU policy to apply pressure on Iran to end nuclear proliferation. Fulmen was said to have supplied electrical equipment on the Qom/Fordoo nuclear site and Mr Mahmoudian is a director of Fulmen. Hence they were both listed in Council Decision 2010/413/CFSP. The upshot was that all of their assets were frozen by the EU.
Continue reading →
Like this:
Like Loading...
10 February 2013 by Daniel Isenberg
Welcome back to the UK Human Rights Roundup, your recommended weekly dose of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
Same-sex marriage was the talking point of this week, with the Bill passing its first vote in the House of Commons. The courts have also been passing judgment on various acts of the police and the UK military; and immigration, asylum and extradition remain in the headlines. Keep an eye out on some interesting cases from Russia reaching Strasbourg; and a double-header of events featuring former ECtHR President Jean-Paul Costa (see ‘Upcoming Events’).
by Daniel Isenberg
Continue reading →
Like this:
Like Loading...
30 September 2016 by Fraser Simpson
Simon Price v. the United Kingdom, Application no. 15602/07, 15 September 2016 – read judgment.
In a unanimous decision, the European Court of Human Rights has held that the proceedings that lead to the conviction of an individual for drug trafficking charges were entirely compliant with Article 6, ECHR. Despite the inability to cross-examine a key prosecution witness, the Court considered that in light of the existence of supporting incriminating evidence (amongst other factors) the proceedings as a whole were fair.
by Fraser Simpson
Background
In June 2004 a ship, entering the port of Rotterdam, was searched by customs officials and found to contain a quantity of cocaine worth £35 million. The applicant, Simon Price, was arrested after he made enquiries into the container shortly after. He was subsequently charged with an offence under s.20, Misuse of Drugs Act 1971, and with the attempted importation of drugs from Guyana to the United Kingdom via the Netherlands and Belgium.
Continue reading →
Like this:
Like Loading...
28 February 2011 by Melina Padron
It’s time for the human rights roundup, a regular bulletin of all the law we haven’t quite managed to feature in full blog posts. The full list of links, updated each day, can be found here.
by Melinda Padron
#Without Prejudice – The Law Podcast 1: Assange, EAW, British Bill of Rights, Oversupply of lawyers and Silk
Listen to a one hour discussion between David Allen Green, Carl Gardner, Charon QC and guests about this week’s topical legal issues.
Adoption: new guidance to break down barriers
In order to address the fall in number of children placed for adoption, the government has issued guidance to local authorities whereby people wanting to adopt can no longer be turned away on the grounds of race, age or social background.
Continue reading →
Like this:
Like Loading...
5 August 2012 by Wessen Jazrawi
Another gratuitous Olympics pic
Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Wessen Jazrawi
In the news
It has been a quiet week in the blogosphere which suggests that everyone else has been as glued to the Olympics as I have. This week has seen the arrest of a 17 year old following abusive tweets to Tom Daley and a case looking at the interesting question of whether a Jewish girl could be allowed to have herself baptised, as well as cases concerning Article 8 applications. This week also marks the start of Parliamentary recess and the end of the Trinity legal term. The next couple of months will be quiet as the courts and parliament take their summer breaks.
Continue reading →
Like this:
Like Loading...
13 May 2013 by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular chocolate selection gift box of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
This week, the Government announced plans to curb Article 8 of the ECHR, Grayling continues to cause controversy with his reforms of both the Criminal Justice System and of judicial review, and Qatada may soon be leaving us for pastures new.
by Sarina Kidd
Continue reading →
Like this:
Like Loading...
Recent comments