Al Sweady inquiry Q&A: What happened on 14 May 2004? – The Independent

Posted December 18th, 2014 in aggravated vehicle taking, armed forces, inquiries, Iraq, law firms, murder, news by sally

‘Q: What happened on 14 May 2004?

A: The summer of 2004 saw a sharp spike in attacks on Coalition forces by the Mahdi Army militia in southern Iraq. British troops were ambushed at two locations either side of the “Danny Boy” vehicle checkpoint, near Al Amarah. Witnesses said the fighting was particularly fierce and had involved the use of bayonets by British troops for the first time since the Falklands War.’

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The Independent, 17th December 2014

Source: www.independent.co.uk

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Al-Sweady Inquiry: Legal battles after fighting ends – BBC News

Posted December 18th, 2014 in armed forces, inquiries, Iraq, law firms, murder, news, torture by sally

‘There’s anger, as much as relief and a sense of vindication, inside the Ministry of Defence and the Army at the end of this long public inquiry into allegations of murder and abuse by British soldiers in Iraq in 2004.’

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BBC News, 17th December 2014

Source: www.bbc.co.uk

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Al Sweady Inquiry expected to clear British soldiers – Daily Telegraph

Posted December 17th, 2014 in armed forces, homicide, human rights, inquiries, news, violence by sally

‘The five-year-long Al Sweady Inquiry is expected to say serious allegations were based on lies and speculation.’

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Daily Telegraph, 16th December 2014

Source: www.telegraph.co.uk

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Lee Rigby murder: Killer loses legal challenges – BBC News

Posted December 3rd, 2014 in appeals, armed forces, murder, news, sentencing, terrorism by sally

‘Michael Adebolajo, one of the two men found guilty of killing Fusilier Lee Rigby, has lost legal challenges against his conviction and sentence.’

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BBC News, 3rd December 2014

Source: www.bbc.co.uk

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Deepcut soldier Cheryl James’ family in body exhumation plea – BBC News

Posted December 2nd, 2014 in armed forces, bullying, burials and cremation, inquests, news, young persons by sally

‘Lawyers for the family of a soldier who died at Deepcut Barracks have asked a judge to request her body’s exhumation.’

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BBC News, 1st December 2014

Source: www.bbc.co.uk

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Iraqi Civilians v Ministry of Defence – WLR Daily

Posted November 26th, 2014 in armed forces, detention, human rights, Iraq, law reports by sally

Iraqi Civilians v Ministry of Defence [2014] EWHC 3686 (QB); [2014] WLR (D) 496

‘The legal effect of UN Security Council Resolutions 1483 of 22 May 2003 and 1511 of 16 October 2003 was that they imposed a duty on the United Kingdom in its role as an occupying power in Iraq to detain individuals where to do so was necessary for imperative reasons of security. However, nothing in the language of the Resolutions authorised the taking of such a measure in so far as doing so violated the United Kingdom’s obligation to secure rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

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Lee Rigby murder: MI5 to be cleared of serious failings – Daily Telegraph

Posted November 24th, 2014 in armed forces, inquiries, intelligence services, murder, news, terrorism by sally

‘Inquiry by Parliament’s Intelligence and Security Committee to find attack was random and largely unpreventable, according to reports.’

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Daily Telegraph, 23rd November 2014

Source: www.telegraph.co.uk

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Article 6 – the Right to a fair trial – and discrimination in the Armed Forces – Cloisters

‘At a time when the UK’s membership of the European Convention of Human Rights (“ECHR”) and our domestic Human Rights Act 1998 (“HRA”) is a hot political topic, it is timely that the Employment Appeal Tribunal (“EAT”) has handed down a judgment considering Article 6 ECHR in relation to special time limit provisions for discrimination complaints brought by those in the Armed Forces: Duncan v Ministry of Defence.’

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Cloisters, 23rd October 2014

Source: www.cloisters.com

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Ex RAF officer sentenced to 13 years for child sex abuse – BBC News

Posted November 11th, 2014 in armed forces, news, sentencing, sexual offences by michael

‘A former RAF officer has been sentenced to 13 years in prison for committing 23 sex offences against boys at a German military base in the 1980s.’

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BBC News, 10th November 2014

Source: www.bbc.co.uk

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The Supreme Court and the Rule of Law – Speech by Lord Neuberger

The Supreme Court and the Rule of Law (PDF)

Lord Neuberger

The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014

Source: www.supremecourt.uk

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MoD faces legal fight over recruitment of child soldiers – The Independent

Posted October 8th, 2014 in age discrimination, armed forces, courts martial, news, young persons by sally

‘Campaigners are taking legal action against the Ministry of Defence today to demand the nation’s youngest soldiers are not forced into serving longer than adult recruits.’

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The Independent, 8th October 2014

Source: www.independent.co.uk

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European Convention on Human Rights: What has it ever done for us? – The Independent

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

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The Independent, 3rd October 2014

Source: www.independent.co.uk

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Speech by Lord Justice Gross: RAF Legal Services Conference – Judiciary of England and Wales

Posted September 22nd, 2014 in armed forces, international law, interpretation, judges, legal services, news, rule of law by sally

Speech by Lord Justice Gross: RAF Legal Services Conference (PDF)

RAF Legal Services Conference, 18th September 2014

Source: www.judiciary.gov.uk

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Defence ministry agrees to provide court information to reporters – The Guardian

Posted September 18th, 2014 in armed forces, courts, courts martial, government departments, news, publishing by tracey

‘Two days ago I reported that the Military Court Service (MCS) had been withholding from journalists vital information about trials. Now, it would appear, there has been a climbdown or, to quote the official version of events, an announcement that a review of the system has resulted in a change of mind.’

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The Guardian, 17th September2014

Source: www.guardian.co.uk

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SAS selection deaths: inquest delayed until 2015 – BBC News

Posted September 16th, 2014 in appeals, armed forces, Crown Prosecution Service, delay, homicide, inquests, negligence, news by tracey

‘An inquest into the deaths of three soldiers who collapsed on an SAS training exercise in the Brecon Beacons has been delayed until 2015.’

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BBC News, 16th September 2014

Source: www.bbc.co.uk

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Cadet paralysed in fatal skydiving accident sues MoD for £300,000 – Daily Telegraph

Posted September 15th, 2014 in accidents, armed forces, damages, disabled persons, inquests, news, personal injuries by tracey

‘ An Army cadet partly paralysed during a skydiving jump which killed a comrade is suing the Ministry of Defence for more than £300,000. Tim Herlihy, 24, of Stourbridge, was left with incomplete paraplegia after suffering injuries including six burst vertebrae during the accident in 2011 when he collided in mid air with another cadet.’

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Daily Telegraph, 12th September 2014

Source: www.telegraph.co.uk

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Jamie Shadrake: Wrexham soldier unlawful killing inquest verdict – BBC News

Posted September 3rd, 2014 in armed forces, inquests, news, unlawful killing by sally

‘A Wrexham soldier killed in Afghanistan was unlawfully killed in an “intense” attack by insurgents, an inquest found.’

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BBC News, 2nd September 2014

Source: www.bbc.co.uk

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Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog

‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’

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UK Human Rights Blog, 18th August 2014

Source: www.ukhumanrightsblog.com

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Regina (Hussein) v Secretary of State for Defence – WLR Daily

Regina (Hussein) v Secretary of State for Defence [2014] EWCA Civ 1087; [2014] WLR (D) 361

‘The policy of the Secretary of State for Defence permitting a technique involving the use of shouting by the armed forces when questioning captured persons was compatible with international law and did not inherently give rise to an unacceptable risk of breaching international law, in particular the prohibitions on inhumane treatment, threats, insults, or unpleasant or disadvantageous treatment under the Geneva Conventions.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Article 2 and combat immunity – where next after Al-Skeini and Susan Smith? – UK Human Rights Blog

Posted July 28th, 2014 in armed forces, duty of care, human rights, immunity, inquests, inquiries, Iraq, news by sally

‘When will a court order an inquiry into the deaths in combat of soldiers serving overseas? Following recent judgments of the English and Strasbourg courts extending the application of the European Convention on Human Rights to zones of armed conflict overseas in certain circumstances, the question is likely to arise frequently over the coming years. In R(Long), the Divisional Court strongly endorsed the doctrine of combat immunity and appeared to set its face against the recent rise in claims against the MoD by soldiers deployed abroad and their next of kin.’

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UK Human Rights Blog, 27th July 2014

Source: www.ukhumanrightsblog.com

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