Lord Goldsmith refuses to publish advice to Army over use of torture – The Independent

Posted May 30th, 2007 in armed forces, human rights, Iraq, news by sally

“The Attorney General, Lord Goldsmith, is under growing pressure to disclose his advice to the Army on whether British soldiers in Iraq needed to comply with the Human Rights Act.”

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The Independent, 30th May 2007

Source: www.independent.co.uk

Human rights in Iraq: a case to answer – The Independent

Posted May 29th, 2007 in armed forces, human rights, Iraq, news by sally

“The Attorney General, Lord Goldsmith, is facing accusations that he told the Army its soldiers were not bound by the Human Rights Act when arresting, detaining and interrogating Iraqi prisoners.”

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The Independent, 29th May 2007

Source: www.independent.co.uk

Secretary of State for Defence v. Pensions Appeal Tribunal – WLR Daily

Posted May 25th, 2007 in appeals, armed forces, law reports, time limits, war pensions by sally

Secretary of State for Defence v. Pensions Appeal Tribunal

“Notification requirements contained in s 9 of the Pensions Appeals Tribunals Act 1943 relating to rights of appeal from decisions of the Secretary of State for Defence on war pensions claims made pursuant to the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983, and to the time limits for such appeals, did not require the provision of a single document but could be fulfilled by the provision of a letter enclosing a leaflet to which reference was made,.nor was it necessary to state the date on which the time limit for the bringing of an appeal expired. Provided the information was reasonably clear, a notice specifying that notice of appeal must be given within a specified period of a specified date sufficed. A failure to comply strictly with the requirements of s 9 did not preclude the relevant time limits for appeals from starting to run.”

WLR Daily, 18th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Dost Mohammed) v Secretary of State for Defence – Times Law Reports

Posted May 9th, 2007 in armed forces, law reports, prisoners of war, race discrimination by sally

Discrimination by nationality is not racial bias

Regina (Dost Mohammed) v. Secretary of State for Defence 

Court of Appeal

“The British Government’s scheme in 2000 for making ex gratia single payments of £10,000 to each surviving member of five specified categories of persons who had been imprisoned by the Japanese during the Second World War, or their surviving spouses, did not unlawfully discriminate against a Pakistani citizen, captured and imprisoned while serving in the Indian Army, who could not meet the criteria set out in the scheme.”

The Times, 9th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Dost Mohammed) v. Secretary of State for Defence – WLR Daily

R (Dost Mohammed) v. Secretary of State for Defence [2007] EWCA Civ 983

“The scheme adopted by the British Government in 2000 to make an ex gratia single payment of £10,000 to each surviving member of five specified categories of persons who had been imprisoned by the Japanese during the Second World War, or their surviving spouses, did not unlawfully discriminate on grounds of race against a Pakistani citizen who had been captured while serving in the Indian army and who could not meet the criteria set out in the scheme.”

WLR Daily, 1st May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

First British soldier to be convicted of a war crime is jailed for ill-treatment of Iraqi civilians – The Guardian

Posted May 1st, 2007 in armed forces, Iraq, news, war crimes by sally

“The first British soldier ever to be convicted of a war crime was yesterday jailed for a year and dismissed from the army.”

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The Guardian, 1st May 2007

Source: www.guardian.co.uk

Does Basra have the right to life? – Daily Telegraph

Posted April 19th, 2007 in armed forces, human rights, Iraq, jurisdiction, news by sally

“Further charges may be brought against British troops over the death of the Iraqi hotel worker Baha Mousa, Government lawyers revealed in court this week. The disclosure was made to five law lords who are being asked to decide whether the Human Rights Act entitles families of Iraqis killed under British occupation to independent inquiries into their deaths.”

Full story

Daily Telegraph, 19th April 2007

Source: www.telegraph.co.uk

Law Lords consider Iraqi deaths – BBC News

Posted April 17th, 2007 in armed forces, human rights, Iraq, jurisdiction, news by sally

“The Law Lords are to consider whether the cases of six Iraqi civilians who died at the hands of the British are subject to UK human rights law.”

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BBC News, 17th April 2007

Source: www.bbc.co.uk

Appeal on Iraqi civilian ‘torture death’ to begin – Daily Telegraph

Posted April 16th, 2007 in armed forces, courts martial, Iraq, jurisdiction, news by sally

“Five of Britain’s most senior judges will begin hearing an appeal this week that could lead to independent inquiries into the deaths of Iraqi civilians at the hands of British troops in Iraq.”

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Daily Telegraph, 16th April 2007

Source: www.telegraph.co.uk