Human rights inquiry launch – Ministry of Justice

Posted June 16th, 2009 in human rights, speeches by sally

“Jack Straw has given a speech at the launch of a human rights inquiry by the Equality and Human Rights Commission.”

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Ministry of Justice, 15th June 2009

Source: www.justice.gov.uk

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – WLR Daily

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE [2009] UKHL 28; [2009] WLR (D) 180

“Where, in the interests of national security, the Secretary of State relied on closed material in a hearing under s 3(10) of the Prevention of Terrorism Act 2005 to justify his decision to make a control order, art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be satisfied unless the controlee were given sufficient information on the case against him to enable him to give effective instructions to the special advocate appointed to represent him.”

WLR Daily, 11th June 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.

Human rights laws ‘being abused’ – BBC News

Posted June 15th, 2009 in human rights, news by sally

“A survey has found 80% of those questioned think some people take unfair advantage of human rights laws.”

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BBC News, 15th June 2009

Source: www.bbc.co.uk

Army chiefs in Afghanistan cannot be sued for death of their troops – The Times

Posted June 15th, 2009 in Afghanistan, armed forces, human rights, indemnities, news by sally

“Commanding officers in Afghanistan have been offered indemnity from prosecution under human-rights laws if they make a decision that leads to the death of a soldier.”

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The Times, 15th June 2009

Source: www.timesonline.co.uk

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – Times Law Reports

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE

House of Lords

“Where, in the interests of national security, the Secretary of State for the Home Department wanted to rely on closed material in a terror-suspect hearing to justify his decision to make a control order, the controlled person had to be given sufficient information about the case against him to enable him to give effective instructions to the special advocate representing him.”

The Times, 11th June 2009

Source: www.timesonline.co.uk

Case study: stateless Palestinian came to Britain as refugee – The Times

Posted June 11th, 2009 in control orders, human rights, news, terrorism by sally

“Mahmoud Abu Rideh is a stateless Palestinian who came to Britain as a refugee and in 1998 was granted indefinite leave to remain.”

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The Times, 11th June 2009

Source: www.timesonline.co.uk

Analysis: contol orders ruling – information or freedom – The Times

Posted June 11th, 2009 in control orders, human rights, legal representation, news, terrorism by sally

“Yesterday’s ruling highlights the conflicting demands faced by the Government since the September 11 attacks: the need to protect the public from terrorists and the fundamental rights of the individual.”

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The Times, 11th June 2009

Source: www.timesonline.co.uk

Law Lords devastate terror control orders in secret evidence ruling – The Times

Posted June 10th, 2009 in control orders, human rights, legal representation, news, terrorism by sally

“The Law Lords today blew a hole in the Government’s controversial control orders for terrorist suspects in a ruling against the use of secret evidence.”

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The Times, 10th June 2009

Source: www.timesonline.co.uk

Secret evidence: undermining the great traditions of British justice – The Times

Posted June 10th, 2009 in control orders, human rights, legal representation, news, terrorism by sally

“Tomorrow the law lords will hand down their decision on the legality of the control orders regime under which terrorist suspects are detained.”

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The Times, 9th June 2009

Source: www.timesonline.co.uk

Privacy rights thwart evidence search in hammer attack lawsuit – OUT-LAW.com

Posted June 2nd, 2009 in disclosure, human rights, news, racism, school children by sally

“A school that is being sued for failing to prevent a vicious attack on a pupil does not need to give the victim’s legal team access to a database of pupil misbehaviour because the disclosure would be disproportionate and breach children’s human rights.”

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OUT-LAW.com, 2nd June 2009

Source: www.out-law.com

Regina (Wood) v Commissioner of Police of the Metropolis – Times Law Reports

Posted June 1st, 2009 in human rights, law reports, police, privacy, public order by sally

Regina (Wood) v Commissioner of Police of the Metropolis

Court of Appeal

“Justification for state interference with the right to privacy had to be the more compelling where that interference was in pursuit of the protection of the community from the risk of public disorder or low level crime as against the danger of terrorism or really serious criminal activity.”

The Times, 1st June 2009

Source: www.timesonline.co.uk

R v Horncastle and another; R v Marquis and another; R v Carter – WLR Daily

Posted May 28th, 2009 in hearsay evidence, human rights, law reports by sally

R v Horncastle and another; R v Marquis and another; R v Carter [2009] EWCA Crim 964; [2009] WLR (D) 173

“There would be no breach of art 6, and in particular art 6(3)(d), of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if a criminal conviction were based solely or to a decisive degree on the evidence of an identified but absent witness, provided the provisions of the Criminal Justice Act 2003 were observed.”

WLR Daily, 27th May 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.

Amnesty criticises Britain over human rights – Daily Telegraph

Posted May 28th, 2009 in human rights, news, torture by sally

“Amnesty International has attacked Britain’s record on human rights and called for a public inquiry in to allegations of collusion over the torture of Binyam Mohamed.”

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Daily Telegraph, 27th May 2009

Source: www.telegraph.co.uk

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily

Posted May 20th, 2009 in armed forces, human rights, inquests, law reports by sally

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2009] EWCA Civ 441

“A British soldier on military service in Iraq was subject to the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and as such benefited from the rights guaranteed by the Human Rights Act 1998. An inquest held into the soldier’s death was to be an enhanced inquest conforming to the procedural requirements of the right to life in art 2 of the Convention.”

WLR Daily, 19th May 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.

MoD facing compensation claims after legal ruling – Daily Telegraph

Posted May 19th, 2009 in armed forces, compensation, human rights, news by sally

“The Ministry of Defence is facing a flood of compensation claims from families of servicemen who have been killed in Iraq and Afghanistan after a landmark legal ruling that they are covered by human rights laws.”

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Daily Telegraph, 19th May 2009

Source: www.telegraph.co.uk

Regina (Ghai) v Newcastle upon Tyne City Council – Times Law Reports

Regina (Ghai) v Newcastle upon Tyne City Council

Queen’s bench Division

“The orthodox Hindu belief in the necessity of open-air cremation as a manifestation of belief within the meaning of article 9 of the European Convention on Human Rights was limited by statutory provisions which were justified under article 9.2 of the Convention.”

The Times, 18th May 2009

Source: www.timesonline.co.uk

Human Rights Act will hamper soldiers in action, warns MoD – Independent on Sunday

Posted May 18th, 2009 in armed forces, human rights, news by sally

“The Ministry of Defence is bracing itself for defeat with a landmark court ruling tomorrow on whether Britain’s soldiers, sailors and airmen should be protected under the Human Rights Act while they serve abroad.”

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Independent on Sunday, 17th May 2009

Source: www.independent.co.uk

MoD loses soldiers’ rights appeal – The Independent

Posted May 18th, 2009 in armed forces, human rights, news by sally

“Soldiers serving abroad are protected by Human Rights laws, the Court of Appeal ruled today in a controversial landmark judgment.”

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The Independent, 18th May 2009

Source: www.independent.co.uk

R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening) – WLR Daily

Posted May 14th, 2009 in burials and cremation, human rights, judicial review, law reports by sally

R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening)

“The burning of human remains other than in a crematorium was a criminal offence under ss 2 and 8 of the Cremation Act 1902 and regs 2(1) and 13 of the Cremation (England and Wales) Regulations 2008 (SI 2008/2841). Cremation of an orthodox Hindu on an open air pyre was a manifestation of his belief within the meaning of art 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the statutory provisions on cremation limited his freedom to manifest that belief. The statutory provisions governing open air funeral pyres were, however, justified under art 9(2) on the grounds of the protection of public morals and the rights and freedoms of others.”

WLR Daily, 13th May 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.

Devout Hindu loses cremation bid – BBC News

Posted May 8th, 2009 in burials and cremation, human rights, judicial review, news by sally

“A bid by a devout Hindu for the legal right to be cremated on a traditional open-air funeral pyre has been rejected by the High Court in London.”

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BBC News, 8th May 2009

Source: www.bbc.co.uk