Category: human rights

Human rights and public law challenge to prisoner’s release conditions fails – UK Human Rights Blog

Posted March 3rd, 2014 in appeals, human rights, judicial review, news, release on licence, terrorism by sally

‘Mr Gul had been imprisoned for a period, on 24 February 2011, for disseminating terrorist publications. When he was released on 6 July 2012, this was under licence, as is common following the release of dangerous prisoners. Mr Gul challenged some of the conditions of his licence by judicial review. The court rejected his challenge.’

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UK Human Rights Blog, 2nd March 2014

Source: www.ukhumanrightsblog.com

Regina (Miranda) v Secretary of State for the Home Department and another (Liberty and others intervening) – WLR Daily

Posted February 28th, 2014 in airports, detention, freedom of expression, human rights, law reports, terrorism by sally

Regina (Miranda) v Secretary of State for the Home Department and another (Liberty and others intervening) [2014] EWHC 255 (Admin); [2014] WLR (D) 93

‘It was lawful that a journalist’s assistant who was thought to harbour state secrets in electronic form against the wishes of Britain and a foreign power should be stopped and held at an airport on the basis that investigating him amounted to determining whether he was a terrorist under section 40(1)(b) of and paragraph 2(1) of Schedule 7 to the Terrorism Act 2000.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Taxi sex attacks: John Worboys’ victims win payout bid – BBC News

Posted February 28th, 2014 in compensation, human rights, news, police, rape, sexual offences by sally

‘Two women who were sexually assaulted by London taxi driver John Worboys have won a High Court victory in their bid to get compensation from the police.’

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BBC News, 28th February 2014

Source: www.bbc.co.uk

Cap on housing benefit is lawful, says Court of Appeal – UK Human Rights Blog

Posted February 27th, 2014 in appeals, benefits, domestic violence, housing, human rights, news, regulations, sex discrimination, social security, treaties by sally

‘The Court of Appeal has rejected on all grounds a claim that the cap on housing benefit amounted to unlawful discrimination against women.’

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UK Human Rights Blog, 26th February 2014

Source: www.ukhumanrightsblog.com

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same – WLR Daily

Posted February 25th, 2014 in appeals, asylum, EC law, human rights, international law, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same [2014] UKSC 12; [2014] WLR (D) 89

‘A presumption that members of an alliance of states such as those which comprised the European Union would comply with their international obligations in regard to refugee protection did not extinguish the need to examine whether in fact those obligations would be fulfilled when evidence was presented that it was unlikely that they would be. The removal of a person from a member state of the European Union was forbidden if it were shown that there was a real risk that the person removed would suffer inhuman or degrading treatment in violation of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It did not need to be shown that the source of that risk was a systemic deficiency in the asylum and reception procedures of the state to which the person was being removed.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Lee Rigby’s murderers – are whole life terms inevitable? – Halsbury’s Law Exchange

Posted February 25th, 2014 in human rights, murder, news, sentencing by sally

‘Michael Adebolajo and Michael Adebowale were convicted of murdering Fusilier Lee Rigby last year. Sentencing was adjourned, however, until such time as the domestic courts had ruled on the legality of the whole life tariff following the Strasbourg ruling in Vinter v UK.’

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Halsbury’s Law Exchange, 25th February 2014

Source: www.halsburyslawexchange.co.uk

Reforming judicial review: cutting pointless delay or preventing legitimate challenge? – UK Human Rights Blog

Posted February 25th, 2014 in bills, costs, human rights, judicial review, news, public interest by sally

‘For law students who slept their way through their first Latin 101 lessons in ‘ultra vires’, public law and judicial review may have seemed very detached from the realities of everyday life; less relevant to the man on the Clapham Omnibus than the rigours of a good criminal defence or protection from eviction offered by landlord and tenant law.’

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UK Human Rights Blog, 24th February 2014

Source: www.ukhumanrightsblog.com

Jacob Rowbottom: Laws, Miranda and the Democratic Justification for Expression – UK Constitutional Law Association

Posted February 24th, 2014 in airports, detention, freedom of expression, human rights, media, news, proportionality by sally

‘The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws LJ makes a number of comments about the justifications for freedom of expression and media freedom. While these may not be the most pressing or immediately important issues raised by this particular case, it is worth noting what Laws LJ says at paras [41-46] as he seems to move away from what has been something of an orthodoxy in the British and European jurisprudence – the importance placed on the democratic justification for expression.’

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UK Constitutional Law Association, 22nd February 2014

Source: www.ukconstitutionallaw.org

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted February 21st, 2014 in asylum, human rights, law reports by sally

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) [2014] UKSC 12 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Regina v McLoughlin; Regina v Newell – WLR Daily

Posted February 21st, 2014 in human rights, imprisonment, law reports, murder, sentencing by sally

Regina v McLoughlin; Regina v Newell [2014] EWCA Crim 188; [2014] WLR (D) 82

‘The imposition of a whole life order of imprisonment was not incompatible with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms because the Secretary of State had power under section 30 of the Crime (Sentences) Act 1997 to review such an order where exceptional circumstances had arisen which would justify release on compassionate grounds.

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

Whole life appeal – not quite a “victory” over Strasbourg – Halsbury’s Law Exchange

Posted February 20th, 2014 in appeals, human rights, murder, news, sentencing by michael

‘On 18 February 2014, a specially constituted five-judge Court of Appeal (Criminal Division) handed down its judgment in the latest (but not necessarily the last) round of the Westminster vs Strasbourg battle over whole life tariffs. Much has been written already about the effect of the judgment. Some of it of questionable accuracy, quality and usefulness. [ … ] This article will attempt to provide a concise summary of the issues and effect of the judgment.’

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Halsbury’s Law Exchange, 19th February 2014

Souce: www.halsburyslawexchange.co.uk

Strasbourg law does not prevent the imposition of whole life orders for “heinous” crimes – UK Human Rights Blog

Posted February 20th, 2014 in appeals, human rights, murder, news, sentencing by michael

‘The Court of Appeal has today [18 February] ruled that judges can continue to impose whole life orders in accordance with Schedule 21 of the Criminal Justice Act 2003. On the facts of two individual cases, the Court increased the sentence of Ian McLoughlin to one of a whole life term for the murder of Graham Buck. The Court dismissed an appeal by Lee Newell against his whole life order for the murder of Subhan Anwar.’

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UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

David Miranda challenge dismissed in High Court – UK Human Rights Blog

Posted February 20th, 2014 in airports, detention, freedom of expression, human rights, immigration, intelligence services, media, news, police, proportionality, terrorism by michael

‘The High Court has rejected all the arguments supporting David Miranda’s application for judicial review of his detention at Heathrow Airport in August last year. In a highly readable and pungent judgment, Laws LJ has some robust things to say about the vaunting of journalistic interests over public security in the guise of Article 10, and the “mission creep” of requirements demanded by the courts for state action to be considered “proportionate”.’

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UK Human Rights Blog, 19th February 2014

Source: www.ukhumanrightsblog.com

Bedrooms and a family home – NearlyLegal

Posted February 19th, 2014 in appeals, benefits, children, families, housing, human rights, local government, news, tribunals by sally

‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’

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NearlyLegal, 18th February 2014

Source: www.nearlylegal.co.uk

Detained David Miranda loses legal battle – BBC News

Posted February 19th, 2014 in airports, appeals, detention, documents, freedom of expression, human rights, news, police, proportionality, stop and search, terrorism by sally

‘David Miranda has lost his legal challenge over his detention at Heathrow Airport under anti-terrorism powers.’

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BBC News, 19th February 2014

Source: www.bbc.co.uk

Village wins four year battle against illegal travellers’ site – Daily Telegraph

Posted February 19th, 2014 in appeals, human rights, inquiries, local government, news, planning, Supreme Court, travellers by sally

‘The residents of Hardhorn, in Lancashire, won at the Supreme Court but still face a £200,000 legal bill.’

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Daily Telegraph, 19th February 2014

Source: www.telegraph.co.uk

Whole-life jail terms loom for Lee Rigby killers Adebolajo and Adebowale, who will be sentenced next week – The Independent

Posted February 19th, 2014 in appeals, armed forces, human rights, imprisonment, jurisdiction, murder, news, sentencing by sally

‘The two men convicted of murdering Lee Rigby will be sentenced next week, after a key ruling was handed down today regarding the use of whole-life jail terms.’

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The Independent, 18th February 2014

Source: www.independent.co.uk

Whole life orders: Ian McLoughlin – Attorney General’s Office

Posted February 18th, 2014 in appeals, human rights, murder, news, sentencing by sally

‘Statement from the Attorney General as triple killer has sentence increased.’

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Attorney General’s Office, 18th February 2014

Source: www.gov.uk/ago

‘Whole life’ sentences can continue for worst offences, appeal court rules – The Guardian

Posted February 18th, 2014 in appeals, human rights, murder, news, sentencing by sally

‘British judges can continue to impose “whole life” prison sentences in the most heinous cases of murder, the court of appeal has ruled.’

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The Guardian, 18th February 2014

Source: www.guardian.co.uk

Whole-life sentences verdict due – The Guardian

Posted February 18th, 2014 in appeals, human rights, murder, news, sentencing by sally

‘Leading judges are to give a crucial ruling on Tuesday on whether whole-life sentences are legal.’

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The Guardian, 18th February 2014

Source: www.guardian.co.uk