“An influential committee of MPs meets tomorrow to decide on holding a full inquiry into whether the Attorney General’s office or the MoD gave soldiers the green light to abuse detainees in Iraq.”
The Independent, 2nd July 2007
Source: www.independent.co.uk
“The Attorney-General yesterday demanded an inquiry into the use of torture by British soldiers in Iraq in 2003 which led to the death in custody of Baha Musa, an Iraqi civilian arrested during an arms search. Lord Goldsmith, QC, said it was “inexplicable” that banned techniques were being used when soldiers and officers must have realised they breached the Geneva Conventions.”
The Times, 27th June 2007
Source: www.timesonline.co.uk
“A Royal Navy chief petty officer who was jailed for five years for the rape of a female colleague on board a warship at sea had his conviction quashed by the Court of Appeal yesterday.”
The Guardian, 23rd June 2007
Source: www.guardian.co.uk
“Five British armed forces personnel were unlawfully killed when their helicopter was shot down in Iraq, a coroner has ruled.”
BBC News, 22nd June 2007
Source: www.bbc.co.uk
“Ministerial statement about the inquests into the deaths of servicemen and women overseas under the jurisdiction of the Oxfordshire coroner, Nicholas Gardiner and the Wiltshire and Swindon coroner, David Masters.”
Ministry of Justice, 20th June 2007
Source: www.justice.gov.uk
“Britain’s highest court is to hear a case which could force the government to hold an independent inquiry into the way the attorney general reached his conclusion that the war in Iraq would be lawful. The law lords have agreed to hear an appeal by the mothers of two soldiers killed in Iraq, who argue that the government violated their sons’ right to life by rushing into war on inadequate legal grounds.”
The Guardian, 18th June 2007
Source: www.guardian.co.uk
R (Al-Skeini and others) v. Secretary of State for Defence (Aire Centre and 10 others intervening)
S 6(1) of the Human Rights Act 1998 was capable of applying to acts committed by a UK public authority outside its territory where in exceptional circumstances the victim was “within the jurisdiction of the United Kingdom” for purposes of art1 of the European Convention on Human Rights.
WLR Daily, 13th June 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 (Al-Skeini and Other) v. Secretary of State for Defence
House of Lords
“The Human Rights Act 1998 was capable of applying to acts of a United Kingdom public authority performed outside its territory only where the victim was within the jurisdiction of the UK for purposes of article 1 of the European Convention on Human Rights.”
The Times, 14th June 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.
“Lawyers for Baha Musa claimed today that the case had uncovered evidence that the Government approved the systematic torture of detainees. ”
The Times, 13th June 2007
Source: www.timesonline.co.uk
“The House of Lords held by a 4-1 majority that the Human Rights Act 1998 (HRA) and the European Convention on Human Rights (ECHR) applied to South East Basra in cases where Iraqis have been detained and kept in British Army custody.”
The Times, 13th June 2007
Source: www.timesonline.co.uk
“The European Convention on Human Rights does apply to the case of an Iraqi man who died while in the custody of British troops, the House of Lords ruled today.”
The Independent, 13th June 2007
Source: www.independent.co.uk
“The father of a teenage soldier who died in mysterious circumstances at Deepcut barracks called today for a murder inquiry to be launched after the emergence of what he said was fresh information about the police investigation into her death and a subsequent cover up.”
The Guardian, 12th June 2007
Source: www.guardian.co.uk
“The family of an Iraqi man who was beaten to death while in British military custody are suing the Ministry of Defence.”
BBC News, 7th June 2007
Source: www.bbc.co.uk
“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.”
The Independent, 30th May 2007
Source: www.independent.co.uk
“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.”
The Independent, 29th May 2007
Source: www.independent.co.uk
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.
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 [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.
“The first British soldier ever to be convicted of a war crime was yesterday jailed for a year and dismissed from the army.”
The Guardian, 1st May 2007
Source: www.guardian.co.uk
“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.”
Daily Telegraph, 19th April 2007
Source: www.telegraph.co.uk
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