Search Results for: prisoners/page/23/ministers have been procrastinating on the issue, fearing that it will prove unpopular with the electorate.
1 March 2011 by Adam Wagner
Proposals for much-criticised powers which would have given ministers broad powers to alter statutes with little or no debate are to be dropped.
The proposed changes were dubbed “Henry VIII” powers as they would have given the executive powers similar to those of the 16th century tyrant. Lord Taylor of Holbeach told the House of Lords:
I can confirm to the House that the government have accepted the arguments that bodies and offices should be listed in the schedules of this Bill only where Parliament has given its consent in primary legislation.
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20 September 2012 by David Hart KC
The Chagos Refugees Group in Mauritius v. Foreign and Commonwealth Office, First Tier Tribunal, 4 September 2012, read judgment
and Bancoult v. FCO, 25 July 2012, Stanley Burnton LJ, read judgment
The manoevres by which the Chagossians were evicted from their islands in the Indian Ocean, the late 1960s and early 1970s, so to enable the US to operate an air base on Diego Garcia, do not show the UK Foreign Office in its best light. Indeed, after a severe rebuke from the courts in 2000, the FCO accepted that the original law underlying their departure was unlawful, and agreed to investigate their possible resettlement on some of their islands.
The first of these new cases is an environmental information appeal concerning the next phase of the story – how the FCO decided that it was not feasible to resettle the islanders in 2002-2004.
This decision was taken in the modern way – backed by a feasibility study prepared by consultants supporting the stance which the FCO ultimately were to take. And this case concerns the islanders’ attempts to get documents lying behind and around the taking of this decision.
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2 November 2015 by Hannah Lynes
In the news
Following almost fourteen years of detention without trial, the last British resident to be held in Guantanamo Bay, Shaker Aamer, has been released. Amnesty International has described Aamer’s plight as “one of the worst of all the detainees at Guantanamo,” given the time involved, the lengthy spells in solitary confinement and the torture he was allegedly subjected to.
“The case against the US authorities that perpetrated this travesty of justice, and British ministers and security personnel who allegedly colluded with them, should now be vigorously pursued”, writes the Observer. Long-standing questions remain surrounding claims of UK complicity in human rights abuses: in the 2009 civil case of former Guantanamo detainee Binyam Mohamed, the High Court pointedly noted that the UK’s relationship with US authorities went “far beyond that of a bystander or witness to the alleged wrongdoing.”
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7 November 2011 by Adam Wagner
King of the hill... for a bit
After months of wrangling over the influence of Europe on our human rights law, today the United Kingdom begins its 6-month chairmanship of the Council of Europe (CoE)’s Committee of Ministers. Amongst other things, the CoE supervises compliance with judgments of the European Court of Human Rights.
The CoE, not to be confused with the European Council, European Union, European Commission, Court of Justice of the European Union or European Parliament, is an international organisation with 47 member states comprising over 800 million citizens – see its Wikipedia entry for more on its many functions. The UK was one of the CoE’s founding members when it joined on 5 May 1949.
Coincidentally, the court’s new British president, Sir Nicholas Bratza, began his presidency on Friday; only the third British judge to do so (see my post from July). So there is a genuinely British feel to the organisation, at least for the next 6 months.
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5 December 2023 by Lance Baynham
In For Women Scotland Limited v The Scottish Ministers [2023] CSIH 37 (“For Women Scotland 2”), the Inner House of the Court of Session has confirmed (for Scotland, at least) the relationship between the Gender Recognition Act 2004(“GRA”) and Equality Act 2010 (“EqA”). In summary, it was held that the meaning of sex in s.11 EqA incorporated the GRA framework. The upshot is that, for transgender people, sex under the EqA is determined by possession of a GRC. Thus, for EqA purposes, the sex of a transgender person without a GRC is their natal sex. On the other hand, the sex of a transgender person with a GRC is their “acquired” (to use the language of the GRA) gender.
This case note briefly sets out some of the relevant law, explores the background to the case and the judgment, and then offers some brief comments by way of conclusion. References in square brackets are to paragraphs of the judgment.
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15 April 2013 by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular smorgasbord 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 accession of the EU to the ECtHR moves towards finalisation, the Iron Lady continues to cause debate and discussion even in death, Legal Aid Reforms bring both praise and consternation and as the Supreme Court swears in new judges, people ask, ‘Where are all the women?’
by Sarina Kidd
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29 October 2018 by Conor Monighan
Conor Monighan brings us the latest updates in human rights law
Credit: The Guardian
In the News:
Saudi Arabia has admitted that the Washington Post journalist Jamal Khashoggi is dead. The man was last seen entering the Saudi Arabian consulate in Istanbul.
At first Saudi Arabia refused to admit the journalist was dead, then claimed he was killed in a fist fight, before suggesting he was killed by a rogue operation. A man posing as Khashoggi left the consulate the same day and walked around the nearby area.
The country’s public prosecutor has launched an investigation. King Salman announced a restructuring of the kingdom’s intelligence services. He has also dismissed deputy intelligence chief Ahmed al Assiri and Crown Prince Mohammed bin Salman’s nearest adviser, Saud al-Qahtani. 18 other suspects have been arrested and remain under investigation. The location of the journalist’s remains is unclear.
Donald Trump called the Saudi’s response ‘credible’, and senior US officials met with the Crown Prince last week. Trump has promised a robust response, but has said he does not want to damage American jobs by cutting arms sales.
Much of the information was initially leaked by Turkey, which sees Saudi Arabia as a rival in the region. President Erdogan has claimed the murder was planned days in advance.
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6 November 2023 by Hal McNulty
In the news
As Israel’s ground invasion of Gaza begins, commentators and key global organisations are assessing whether international law is being broken by either side in the conflict. The UN said as early as 10th October that both Hamas and the Israeli military may have committed war crimes and that it is gathering evidence for potential prosecutions. Hamas’ terrorist attack of 7th October, which killed hundreds of noncombatants and abducted others for use as human shields and hostages, has already been labelled a crime under international humanitarian law. Meanwhile, Israel’s siege of Gaza, which includes shutting down food, water and electricity supplies and preventing humanitarian relief, may constitute the crime of collective punishment, according to the UN and the International Committee of the Red Cross. Karim Khan, the British barrister who currently acts as the ICC prosecutor, has said the ICC will pursue investigations into the 7th October attack as well as Israel’s activities in Gaza and the West Bank.
Donald Trump’s sons have taken the stand in their father’s fraud trial in New York. This case concerns the Trump family’s property business, and the prosecution hold that members of the family including Eric and Donald Trump Jr falsely inflated its finances and falsified records. Both sons of the property magnate denied wrongdoing and instead suggested an accountancy firm were to blame, with Trump Jr remarking in testimony that ‘I leave it to my accountants.’ Eric Trump was confronted with email evidence that, despite his assertions, he was in fact closely involved with the construction of the company’s financial statements. The prosecution are seeking a fine of $250m and a ban on Donald Trump and his adult sons doing business in the state.
The Isle of Man Parliament has progressed an assisted-dying legalisation bill. The private members bill was brought by Alex Allinson MHK (Member of the House of Keys), who labelled the proposal a move towards “compassion, choice, and autonomy,” while other MHKs spoke against the bill on the grounds that safeguards against coercion would be difficult to put in place. The bill has it that those eligible would have to conform to several criteria: terminally-ill, over the age of 18, resident on the Isle of Man for at least 12 months, and to have the legal capacity of make the decision and a “clear and settled intention to end their life.” Rob Callister MHK raised the concern that the island become a “death tourism” hotspot, should the bill be passed with its current residency minimum. The campaign group Dignity in Dying has called for the central government in Westminster to follow suit, the Royal College of Surgeons having recently withdrawn its opposition to the proposal.
In other news
The chair of the Bar Council has proposed a solution to the over-use of Strategic Litigation Against Public Participation (SLAPP). SLAPPs typically involve a powerful individual or organisation targeting financially-weaker journalists or publishers with the threat of bringing onerous legal actions. They have been the subject of much public criticism lately, and are described as undermining the democratic principles of free speech and the rule of law. Nick Vineall KC has suggested that those who cynically pursue claims in order to shut down legitimate criticism and public debate should be liable in damages for acting contrary to the public interest. “The public interest is damaged by not having access to information which should never have been restrained, while the reputation of the claimant is unjustifiably protected for a period because something which ought to have been said about them is not said for a period of time, and sometimes of course forever.” Speaking at the IBA conference in Paris, Vineall made a comparison to the practice of applicants for injunctions accepting an undertaking to pay damages in case their claim turns out to be unjustified and the injunction causes harm to the defendant. Listen to our interview with Greg Callus on the subject of SLAPPs on Law Pod UK here.
A leading thinktank has warned that Britain’s public services are stuck in a “doom loop” of recurrent crises as a result of government’s short-term planning. The Institute for Government said that, due to prioritising short-term goals over long-term solutions, underfunding public services, and reversing policy decisions within short periods of time, the British state is underperforming across a range of public services and organisations. “The result is crumbling schools, NHS computers that don’t turn on, and not enough prison cells to house prisoners.” The report cites the crown court backlog, standing in June at a record high of 64,709 cases, and concludes the prison system is “at bursting point” due to over-crowding and under-staffing.
The Scottish government has released a legislative proposal that would give ministers the power to assess and ‘remediate’ (repair or remove) buildings with unsafe cladding without owners’ consent and to evacuate the occupants of unsafe buildings. The Housing (Cladding Remediation) Bill creates a new offence for obstructing or failing to assist with assessment, and introduces the concept of a Scottish ‘responsible developers’ scheme, which would encourage developers to fund remediation work.
In the courts
In Scottish Association of Landlords v Lord Advocate [2023] CSOH 76, the Scottish Court of Session determined that the Cost of Living (Tenant Protection) (Scotland) Act 2022 did not disproportionately interfere with article 1 of the ECHR protocol 1, which states that ‘every natural or legal person is entitled to the peaceful enjoyment of his possessions.’ The court held that the Scottish government’s assessment of proportionality, in bringing a bill that caps rent and places a moratorium on evictions in private residential tenancies, did not proceed manifestly without reasonable foundation.
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2 July 2015 by Fraser Simpson
Photo credit: Guardian
Reid, Re Judicial Review, [2015] CSOH 84 – read judgment.
The Outer House of the Court of Session has refused a prisoner’s claim for damages resulting from an alleged failure to afford him a reasonable opportunity to rehabilitate himself.
by Fraser Simpson
For a refresher on the Scottish Court system, see David Scott’s post here.
This case follows a Supreme Court judgment last year in which it was affirmed that under Article 5 ECHR there exists an implied duty to provide prisoners with a reasonable opportunity to rehabilitate themselves and to show that they are no longer a danger to the public (R (on the application Haney and Others) v. The Secretary of State for Justice, [2014] UKSC 66). According to the Supreme Court, a failure to satisfy this duty does not affect the lawfulness of the detention but it does entitle the prisoner to damages.
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11 September 2023 by Hal McNulty
In the news
Questions have been raised over the state of the British prisons system after the escape of Daniel Khalife. The 21 year-old former soldier who had been convicted for terrorist offences escaped from Wandsworth prison by hiding under a food delivery lorry, reportedly, but was later recaptured by police on a Chiswick towpath. Justice Secretary Alex Chalk has signalled that investigations are being made into the prison’s conditions. Inquiries may be made into the reason for Khalife being held in Wandsworth, a category B-security prison, rather than the high-security prison Belmarsh, where serious terrorist suspects are ordinarily kept. The incident has been used by some to demonstrate that the system has now reached breaking point, with overcrowding and understaffing enabling such incidents.
Google is facing a multi-billion pound lawsuit brought on behalf of UK consumers on claims that its search-engine stifled competition, causing prices to rise. The claim is that Google restricted competition by raising the prices for advertisers, making use of its market dominance. These costs are ultimately passed onto the consumers and are estimated at £7.3bn, at least £100 per member of the 65-million-person class of UK users over the age of 16. Google has commented that it will “vigorously dispute” this “speculative and opportunistic” suit.
In other news
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8 February 2016 by Charlotte Bellamy
In the News
The UN working group on arbitrary detention have concluded that the Wikileaks founder Julian Assange has been “arbitrarily detained” by Britain and Sweden in the Ecuadorian Embassy for the last three and a half years. In particular, the working group considered that Mr Assange had not been guaranteed a fair trial, in violation of Articles 9 and 10 of the Universal Declaration on Human Rights, and Articles 9, 10 and 14 of the International Covenant on Civil and Political Rights. They have called on Britain and Sweden to end Assange’s deprivation of liberty, respect his physical integrity and freedom of movement, and afford him the right to compensation – which all seems rather steep for someone who has in effect used the Embassy “as a safe haven to avoid arrest” – in the words of the dissenting member of the working group, Ukrainian lawyer Vladimir Tochilovsky.
Julian Assange sought refuge in the Ecuadorian Embassy in 2012 after the UK Supreme Court rejected his appeal against a European Arrest Warrant issued by the Swedish prosecution authority for rape and sexual assault allegations. He has remained there since, now claiming the UN opinion marks a “sweet victory” – but which the UK and Sweden have flatly rejected, on the basis that only one detaining Assange there is Assange himself.
Joshua Rozenberg answers the question on everyone’s minds – how did the UN get it so wrong? The definition the panel gave for Assange’s “arbitrary detention” was that “non observance … of the international norms relating to the right to a fair trial … is of such gravity as to give the detention an arbitrary character”. Of course, such a definition of arbitrary detention presumes detention in the first place – which in this case, was self-confinement in the Embassy.
Tochilovsky, the lone dissent on the panel, was the only one to make the point that “fugitives are often self-confined within the places they evade arrest and detention” and “self-confinement cannot be considered places of detention for the purposes of the mandate of the working group”.
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13 January 2013 by Daniel Isenberg
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.
This week the government’s proposals for judicial review reform came under scrutiny, as did the effect of legal aid cuts on immigration law practice and foreign national prisoners. It was not only the government on the defensive this week, but The Daily Telegraph has also been criticised for its coverage of a an employment case. Reform has been on the agenda beyond the sphere of judicial review, with The Economist taking a look at the recent criminalisation of squatting and proposed changes to the probation service.
In the news
Judicial Review reform
Adam Wagner will be collating Judicial Review consultation responses, please email him your or your organisation’s response if you would like it to be included in the roundup. Don’t forget, the consultation closes on 24 January.
by Daniel Isenberg
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16 September 2014 by Rosalind English
Hassan v. the United Kingdom (application no. 29750/09) ECHR 936 (16 September 2014) – read judgment
This case concerned the capture of an Iraqi national, Tarek Hassan, by the British armed forces and his detention at Camp Bucca in southeastern Iraq during the hostilities in 2003. The complaint was brought by his brother, who claimed that Tarek had been under the control of British forces, and that his dead body was subsequently found bearing marks of torture and execution. In essence, the case raised issues concerning the acts of British armed forces in Iraq, extra-territorial jurisdiction and the application of the European Convention of Human Rights in the context of an international armed conflict. This was the first case in which a contracting State had requested the Court to disapply its obligations under Article 5 or in some other way to interpret them in the light of powers of detention available to it under international humanitarian law, which allows the internment of prisoners of war at times of international conflict.
The Grand Chamber held that although Tarek Hassan had been within the jurisdiction of the United Kingdom between the time of his arrest by British troops until the moment of his release; there had been no violation of Article 5(1), (2), (3) or (4) (right to liberty and security) of the European Convention on Human Rights as concerned his actual capture and detention. The European Convention had to be interpreted in parallel with international instruments which applied in time of war. Four out of the seventeen judges dissented on this point.
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5 July 2011 by Adam Wagner
Sir Nicolas Bratza, the only UK judge at the European Court of Human Rights, has been elected as its new President. The start of his presidency will coincide with the UK’s 6-month chairmanship of the Council of Europe which begins in November 2011.
Bratza will succeed Frenchman John Paul Costa on 4 November 2011 after being elected in a secret ballot by the court’s 47 judges, and has been elected for a term of 3 years. He may use the opportunity to improve relations with the UK government which are tense following the Council’s warning that the UK must comply with a 2005 ruling against the UK’s indiscriminate ban on prisoners voting. The Prime Minister said in November that the thought of giving prisoners the vote makes him feel “physically ill“. The deadline for UK compliance is 11 October 2011.
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1 May 2010 by Guest Contributor
Posts you may have missed from last week:
Case law –
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Proposals for much-criticised powers which would have given ministers broad powers to alter statutes with little or no debate are to be dropped. 
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