Category: human rights

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

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

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

Posted May 20th, 2008 in asylum, human rights, law reports by sally

Court of Appeal

“A provision which prevented the Secretary of State for the Home Department from considering whether certain listed countries would return asylum seekers in violation of their human rights did not enact an absolute bar, but was limited in scope.”

The Times, 20th May 2008

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

Raising school leaving age to 18 ‘could breach human rights’ – The Guardian

Posted May 16th, 2008 in education, human rights, news by sally

“Making it illegal for children aged 16 to 18 to leave school could be a breach of their human rights, a parliamentary committee said today, creating yet another embarrassment for Gordon Brown.”

R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150

The Guardian, 16th May 2008

Source: www.guardian.co.uk

R (Nasseri) v Secretary of State for the Home Department – WLR Daily

Posted May 16th, 2008 in asylum, human rights, law reports by sally

“The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person’s removal would contravene his rights under art 3 of the Human Rights Convention. It did not preclude a more general consideration of whether a listed state’s laws and practices were Convention compliant, therefore the list system was not incompatible with art 3 of the Convention.”

WLR Daily, 15th May 2008

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

Yorkshire ripper launches freedom bid – Daily Telegraph

Posted May 14th, 2008 in human rights, mental health, murder, news, sentencing by sally

“Yorkshire ripper Peter Sutcliffe has launched a bid for freedom, claiming his human rights have been breached.”

Daily Telegraph, 14th May 2008

Human rights law ‘shielding rapists’ – Daily Telegraph

Posted May 14th, 2008 in human rights, murder, news, rape by sally

“A senior police officer has launched a scathing attack against ‘appalling’ murderers and rapists who protect themselves from justice using the Human Rights Act.”

Daily Telegraph, 13th May 2008

Rapist murderer had right to be housed – Daily Telegraph

Posted May 12th, 2008 in housing, human rights, news, sexual offences by sally

“A convicted rapist sexually assaulted and murdered a teenage girl after a council was told he could not be evicted because it would breach his human rights.”

Daily Telegraph, 10th May 2008

Secretary of State for the Home Department v AF (No 3)

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

Posted April 25th, 2008 in control orders, disclosure, human rights, law reports, terrorism by sally

Queen’s Bench Division

“Fair trial provisions guaranteed by the European Convention on Human Rights could not be overcome by a claim that the offended party’s case had no possible chance of success.”

The Times, 25th April 2008

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

Torturous journey – Law Society’s Gazette

Posted April 25th, 2008 in deportation, human rights, special report by sally

“Roger Smith reflects on a bungled attempt by the government to expedite deportations to countries with dubious human rights records.“

R (Black) v Secretary of State for Justice [2008] EWCA Civ 359; [2008] WLR (D) 114

Law Society’s Gazette, 24th April 2008

Source: www.lawgazette.co.uk

R (Black) v Secretary of State for Justice – WLR Daily

Posted April 18th, 2008 in human rights, law reports, parole, prisons by sally

“S 35(1) of the Criminal Justice Act 1991, giving the Secretary of State power to override a Parole Board recommendation for the release on parole of a prisoner serving a sentence of more than 15 years, was not compatible with art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 17th April 2008

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

Clash of arms – Law Society’s Gazette

Posted April 18th, 2008 in armed forces, corruption, deportation, human rights, Saudi Arabia, special report by sally

“Four landmark court rulings last week placed into sharp focus the ongoing trial of strength between ministers and the judiciary.”

Regina (Black) v Secretary of State for Justice

Law Society’s Gazette, 17th April 2008

Source: www.lawgazette.co.uk

Regina (Black) v Secretary of State for Justice – Times Law Reports

Posted April 18th, 2008 in human rights, law reports, parole, prisons by sally

Court of Appeal

“Section 35 of the Criminal Justice Act 1991, giving the Secretary of State for Justice power to block the release on licence of prisoners sentenced between 1991 and 2003 to prison terms of more than 15 years, was not compatible with article 5.4 of the European Convention on Human Rights, providing that anyone deprived of his liberty had the right to have the lawfulness of his detention decided speedily by a court.”

The Times, 18th April 2008

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

Inmates win ‘cold turkey’ payout – The Times

Posted April 18th, 2008 in compensation, human rights, news, prisons by sally

“Taxpayers have footed a £1 million compensation bill after almost 200 drug-addicted prisoners sued the Government, claiming that denying them a heroin substitute breached their human rights.”

The Times, 18th April 2008

The Law Explored: human rights on the battlefield – The Times

Posted April 17th, 2008 in armed forces, human rights, special report by sally

“Mr Justice Collins has drawn gasps of disbelief in some quarters by ruling that human rights law might apply to soldiers on active service. In particular, he said, soldiers might enjoy the protection of law on the right to life. ”

The Times, 16th April 2008

AS and DD (Libya) v Secretary of State for the Home Department

AS and DD (Libya) v Secretary of State for the Home Department – Times Law Reports

Posted April 16th, 2008 in deportation, human rights, law reports by sally

Court of Appeal

“A foreign national who challenged a deportation order made on national security grounds had to show substantial grounds for believing that if he was returned he would face a real risk of being subjected to torture or inhuman or degrading treatment in contravention of article 3 of the European Convention on Human Rights.”

The Times, 16th April 2008

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire [2006] EWHC 694 (Admin); [2008] WLR (D) 108

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

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire – WLR Daily

Posted April 16th, 2008 in armed forces, human rights, inquests, Iran, law reports by sally

“The procedural obligations arising under art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms applied to an inquest on an United Kingdom soldier who had died of hyperthermia while on active service in Iraq.”

WLR Daily, 15th April 2008

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

Justice Secretary Jack Straw loses right to block release for prisoners – The Times

Posted April 16th, 2008 in dangerous offenders, human rights, news, prisons by sally

“The Justice Secretary lost his last power to block the release of dangerous prisoners from jail yesterday when the Court of Appeal ruled that it was a breach of human rights.”

The Times, 16th April 2008

Othman (Jordan) v Secretary of State for the Home Department

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

Posted April 15th, 2008 in deportation, human rights, law reports by sally

Court of Appeal

“A foreign national could not be deported on national security grounds to a state where he was at real risk of being tried on evidence obtained by torture because such an expulsion would contravene his right to a fair trial guaranteed by article 6 of the European Convention on Human Rights.”

The Times, 15th April 2008

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

Blow for MoD as judge rules soldiers have battlefield rights – Daily Telegraph

Posted April 11th, 2008 in armed forces, human rights, news by sally

“The Ministry of Defence has been dealt a groundbreaking legal defeat by a High Court judge who ruled soldiers’ human rights must be protected on the battlefield.”

The Daily Telegraph, 11 April 2008

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289; [2008] WLR (D) 104

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289 – WLR Daily

Posted April 11th, 2008 in deportation, human rights, law reports by sally

“In order to show strong grounds for believing that a foreign national if deported would face a real risk of being subjected to torture or inhuman or degrading treatment in breach of art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms it was necessary to produce evidence, not mere speculation, to establish that risk. That was a stringent test, requiring rigorous examination of the evidence.”

WLR Daily, 10th April 2008