31 January 2012
A child learns early that if you don’t have anything nice to say, don’t say it. Thankfully that principle does not apply to Government consultations and this is aptly demonstrated by a group of responses to the consultation into whether “closed material” (secret evidence) procedures should be extended to civil trials.
Of the responses that I have read, there is very little support for the proposals as they stand and, as journalist Joshua Rozenberg has pointed out, the most damning criticism has come from the very lawyers who are currently involved in “closed” proceedings.
If you are interested in the issue, the Joint Committee on Human Rights is hearing evidence on it today from two special advocates, including my co-editor Angus McCullough QC (see his post on the topic), as well as the current and former independent reviewers of terrorism legislation. The session begins at 2:20pm and can be watched live here.
As I did with the Bill of Rights Commission consultation, I asked people to send me their consultation responses. What follows is a wholly unscientific summary of the ones I received:
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13 July 2010
R (on the application of S) (Claimant) v Secretary of State for the Home Department (Defendant) & (1) Amnesty International & AIRE Centre (2) United Nations High Commissioner for Refugees (Interveners) (2010) – Read judgment
The Court of Appeal has ruled that the EU Charter of Fundamental Rights (“the Charter”) could be directly relied on in the UK in a decision on the removal of an Afghan asylum seeker to Greece.
This Charter combines the rights guaranteed by the European Convention on Human Rights and Freedoms 1950 (“ECHR”) with the fundamental social rights set forth in the European Social Charter and in the Community Charter of Fundamental Social Rights of Employees. The decision could see the introduction of “social and economic” rights into the UK for the first time, but it could also place an unmanageable burden on member states to comply with the wide-ranging charter.
A reference to the European Court of Justice will now be made in respect of the application of the Charter in the context of return of asylum seekers to Greece under the Dublin Regulation. The Regulation is the cornerstone of EU refugee law, establishing a system of determining responsibility for examining asylum claims and ensuring that each claim is examined by one Member State rather than allowing multiple applications for asylum submitted by the same person in several Member States with the sole aim of extending their stay in the EU.
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27 May 2010
Amnesty International published its 2010 Report yesterday, documenting torture and other human rights abuses around the world.
In relation to the UK, Amnesty’s report condemns the UK’s continuing reliance on “diplomatic assurances” in deportation cases where individuals were likely to be at risk of torture or other abuse if sent to countries where the Government accepts they would otherwise be abuse, in particular Algeria and Jordan. The report summarises that:
Reports implicating the UK in grave violations of human rights of people held overseas continued to emerge. Calls for independent investigations into the UK’s role in these violations went unheeded. The government’s attempts to return people to countries known to practise torture on the basis of “diplomatic assurances” (unenforceable promises from the countries where these individuals were to be returned) continued. The European Court of Human Rights found that, by detaining a number of foreign nationals without charge or trial (internment), the UK had violated their human rights. The implementation of measures adopted with the stated aim of countering terrorism led to human rights violations, including unfair judicial proceedings.
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