A and Others v United Kingdom (Application No 3455/05) – Times Law Reports

Posted February 20th, 2009 in detention, human rights, law reports, terrorism by sally

A and Others v United Kingdom (Application No 3455/05)

European Court of Human Rights

“The European Court of Human Rights held the United Kingdom in breach of article 5.1 of the European Convention on Human Rights in respect of nonnational terrorist suspects, since they had not been detained with a view to deportation and the derogating measures permitting their indefinite detention discriminated unjustifiably between nationals and nonnationals.”

The Times, 20th February 2009

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.

Abu Qatada gets £2,500 compensation for breach of human rights – The Guardian

Posted February 19th, 2009 in compensation, detention, human rights, news, terrorism by sally

“Muslim preacher awarded damages by European judges for being detained after September 11 attacks.”

Full story

The Guardian, 19th February 2009

Source: www.guardian.co.uk

Prosecutors examining Binyam case – BBC News

Posted February 18th, 2009 in detention, news, terrorism, torture by sally

“Prosecutors are being consulted over whether a criminal investigation should be ordered into UK security agents’ treatment of Binyam Mohamed.”

Full story

BBC News, 18th February 2009

Source: www.bbc.co.uk

Asylum detainees win record payout – The Independent

Posted February 13th, 2009 in asylum, children, compensation, detention, news by sally

“In a landmark settlement, the Congolese family have been awarded £150,000, believed to be the biggest payout over the unlawful detention of child refugees seeking asylum in Britain.”

Full story

The Independent, 13th February 2009

Source: www.independent.co.uk

Inside Guantanamo: the diary of Binyam Mohamed – The Independent

Posted February 11th, 2009 in detention, news, terrorism, torture by sally

“The only remaining British resident held at the prison camp is at the centre of a row about allegations of torture. Revealed today, this is his account of the inhumane treatment he has received in the name of the war on terror.”

Full story

The Independent, 11th February 2009

Source: www.independent.co.uk

Regina (Al-Saadoon and Another) v Secretary of State for Defence – Times Law Reports

Posted February 4th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

Regina (Al-Saadoon and Another) v Secretary of State for Defence

Court of Appeal

“Iraqi detainees held in a United Kingdom internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the UK for the purposes of the European Convention on Human Rights.”

The Times, 4th February 2009

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 (Al-Saadoon and another ) v Secretary of State for Defence – WLR Daily

Posted January 26th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

R (Al-Saadoon and another ) v Secretary of State for Defence; [2009] WLR (D) 17

Iraqi detainees held in a UK internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the United Kingdom for the purposes of art 1 of the European Convention on Human Rights.”

WLR Daily, 23rd January 2009

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.

Approach to restraint of young people to be overhauled following independent review – Ministry of Justice

Posted December 16th, 2008 in detention, press releases, restraint, young offenders by sally

“The approach to the restraint of young people in young offender institutions, secure training centres and secure children’s homes (under-18 secure estates) is to be overhauled, the government announced today. ”

Full press release

Ministry of Justice,  15th December 2008

Source: www.justice.gov.uk

UK runs ‘Guantanamo camps’, says detainees – The Independent

Posted December 11th, 2008 in asylum, detention, news by sally

“Asylum-seekers who claim to have been abused by British security guards accused the Government yesterday of running Guantanamo Bay-style detention camps.”

Full story

The Independent, 11th December 2008

Source: www.independent.co.uk

Held asylum seeker given £38,000 – BBC News

Posted December 4th, 2008 in asylum, detention, news by sally

“An African asylum seeker who fled her homeland after being tortured and raped has been awarded £38,000 after a judge ruled her detention ‘unlawful’.”

Full story

BBC News, 4th December 2008

Source: www.bbc.co.uk

R (DB) v Nottinghamshire Healthcare NHS Trust – WLR Daily

Posted December 4th, 2008 in detention, hospital orders, law reports, mental health by sally

R (DB) v Nottinghamshire Healthcare NHS Trust [2008] EWCA Civ 1354; [2008] WLR (D) 375

The effect of an order for the admission and detention of an offender in a hospital, within s 37 of the Mental Health Act 1983, was limited by s 40 to the period of 28 days from the date of the making of the order. A subsequent amendment of the order did not authorise admission after the 28-day period in the original order.”

WLR Daily, 3rd December 2008

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 (Zimbabwe) v Secretary of State for the Home Department – Times Law Reports

Posted November 21st, 2008 in detention, immigration, judicial review, law reports by sally

Regina (Zimbabwe) v Secretary of State for the Home Department

Court of Appeal

“Ministerial power to detain an overstaying immigrant was limited only to the process of deportation; any detention under the immigration provisions would be subject to the control of the courts, principally by way of judicial review.”

The Times, 21st November 2008

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.

Smith insists government was right on 42 days – The Guardian

Posted October 28th, 2008 in detention, news, terrorism by sally

“Jacqui Smith today said she was sorry for ‘ruffling feathers’ over plans to increase detention without charge for terror suspects to 42 days but insisted she was more concerned about the safety of the nation.”

Full story

The Guardian, 28th October 2008

Source: www.guardian.co.uk

Community support officers to be given the power to detain – The Independent

Posted October 17th, 2008 in community support officers, detention, news, police by sally

“Police community support officers should be given extended powers that would allow them to be able to detain suspects for the first time, Jacqui Smith, the Home Secretary, said yesterday.”

Full story

The Independent, 17th October 2008

Source: www.independent.co.uk

Comment is Free: On 42 days, their lordships were glorious – The Guardian

Posted October 14th, 2008 in detention, news, terrorism by sally

“The rejection of Labour’s proposal for detention without charge was a victory for human rights and common sense in parliament.”

Full story

The Guardian, 14th October 2008

Source: www.guardian.co.uk

Smith warns of continued terror threat after Lords defeat – The Guardian

Posted October 14th, 2008 in detention, news, terrorism by sally

“The threat from terrorism is now ‘at the severe end of severe’ Jacqui Smith said today as she urged opposition parties to back a fresh bill to extend pre-charge detention for terror suspects to 42 days.”

Full story

The Guardian, 14th October 2008

Source: www.guardian.co.uk

Falconer leads assault on 42-day plan – The Guardian

Posted October 14th, 2008 in detention, news, terrorism by sally

“Tony Blair’s former lord chancellor, Lord Falconer, yesterday dismissed as ‘fanciful’ the government’s argument that the fight against terrorism would be assisted by extending to 42 days the maximum period a suspect can be detained without charge. Leading a cross-party assault on the plan in the House of Lords, which last night overwhelmingly rejected the measure by 309 votes to 118, Falconer said he had decided to vote against his government with a ‘heavy heart’.”

Full story

The Guardian, 14th October 2008

Source: www.guardian.co.uk

House of Lords deals fatal blow to 42-day terror detention plans – The Times

Posted October 14th, 2008 in detention, news, terrorism by sally

“Plans to give police up to 42 days to question terrorism suspects were crushed by the House of Lords last night, halting a three-year, high-wire political battle begun in the aftermath of the 7/7 bombings.”

Full story

The Times, 14th October 2008

Source: www.timesonline.co.uk

Court of Appeal confirms rejection of UK-IPO software patent approach – OUT-LAW.com

Posted October 13th, 2008 in detention, news by sally

“The Court of Appeal has refused to accept the UK Intellectual Property Office’s rejection of a patent for a piece of software in a move which experts say will open the door for more software patents in the UK.”

Full story

OUT-LAW.com, 10th October 2008

Source: www.out-law.com

Peers to vote on anti-terror plan – BBC News

Posted October 13th, 2008 in detention, news, terrorism by sally

“The House of Lords is set to vote on whether to extend the terror detention limit to 42 days.”

Full story

BBC News, 13th October 2008

Source: www.bbc.co.uk