One date to rule them all: McQuillan, McGuigan and McKenna [2021] UKSC 55 – UK Human Rights Blog

Posted January 10th, 2022 in appeals, human rights, news, Northern Ireland, Supreme Court, torture by tracey

‘In one of its final decisions of 2021, McQuillan, McGuigan and McKenna, the UK Supreme Court addressed challenges to the effectiveness of police investigations into events which took place during the Northern Ireland conflict. The European Court has long maintained that the right to life (Article 2 ECHR) and the prohibition upon torture and inhuman and degrading treatment (Article 3 ECHR) carry with them positive obligations on the state to conduct effective investigations. These “legacy” cases not only draw the Courts into debates over some of the most contentious aspects of the Northern Ireland conflict, in particular the involvement of state agents in killings and the infliction of serious harms upon individuals, but they also pose questions about how human rights law applied in the context of Northern Ireland as a jurisdiction before the enactment of the Human Rights Act 1998.’

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UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com

Supreme Court to rule on investigation into ‘hooded men’ case – The Independent

Posted December 15th, 2021 in appeals, armed forces, news, Northern Ireland, Supreme Court, torture by tracey

‘The Supreme Court in London will rule later on whether the Police Service of Northern Ireland is sufficiently independent to carry out an investigation into the case of the “hooded men”.’

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The Independent, 15th December 2021

Source: www.independent.co.uk

Home Office U-turn on Sri Lankan scientist’s asylum claim – The Guardian

‘The Home Office has U-turned on plans to deport a leading scientist carrying out groundbreaking research into affordable forms of solar energy and allowed him and his family to remain in the UK.’

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The Guardian, 1st December 2021

Source: www.theguardian.com

Priti Patel faces three legal challenges over refugee pushback plans – The Guardian

‘Priti Patel is facing three legal challenges over her controversial plans to push back refugees on small boats in the Channel who are trying to reach the UK.’

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The Guardian, 25th November 2021

Source: www.theguardian.com

Napier barracks conditions held not to meet minimum standards – UK Human Rights Blog

‘In R (NB & Others) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin), the High Court ruled that the treatment of asylum seekers at Napier military barracks did not meet minimum legal standards, that the process for allocating asylum seekers to accommodation centres was flawed and unlawful and that the six claimants had been falsely imprisoned during the “inevitable” Covid-19 outbreak. David Manknell of 1 COR was junior counsel to the SSHD.’

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UK Human Rights Blog, 28th July 2021

Source: ukhumanrightsblog.com

Fifty-two prisoners in close supervision units ‘that may amount to torture’ – The Guardian

‘Fifty-two people are being held in prison units in England and Wales in conditions that a UN human rights expert has said may amount to torture, the Guardian has learned.’

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The Guardian, 26th July 2021

Source: www.theguardian.com

Dozens of vulnerable asylum seekers wrongly placed in Napier Barracks despite watchdog warnings – The Independent

‘Dozens of asylum seekers have been wrongly placed in Napier Barracks after the Home Office failed to recognise their vulnerabilities, prompting concerns that ministers have ignored warnings from watchdogs.’

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The Independent, 23rd May 2021

Source: www.independent.co.uk

Home Office ordered to move torture victim out of ‘prison-like’ hotel – The Guardian

‘A judge in the high court has ordered the Home Office to move a torture and trafficking victim out of a “prison-like” hotel surrounded by an 8ft wall.’

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The Guardian, 18th May 2021

Source: www.theguardian.com

Torture victims kept in solitary by Home Office for up to a year – The Guardian

‘The Home Office has pursued a policy of psychological brutality by locking up scores of torture survivors in solitary confinement for indefinite periods, according to fresh testimony from immigration detainees.’

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The Guardian, 15th May 2021

Source: www.theguardian.com

Trial set for “most serious allegations” made against solicitors in civil courts – Legal Futures

Posted May 6th, 2021 in kidnapping, news, rendition, solicitors, torture by sally

‘What a High Court judge said yesterday were among “the most serious allegations ever levelled against English solicitors in civil proceedings” will be heard in January 2023, he has decided.’

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Legal Futures, 6th May 2021

Source: www.legalfutures.co.uk

Peers seek to block limit on UK soldiers’ accountability for war crimes – The Guardian

Posted April 13th, 2021 in armed forces, bills, news, prosecutions, torture, war crimes by sally

‘Peers behind a cross-party amendment to halt plans to restrict prosecutions of torture and war crimes by British soldiers serving abroad are hopeful of inflicting a high-profile defeat on the government in the Lords on Tuesday.’

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The Guardian, 13th April 2021

Source: www.theguardian.com

Peers vote to ban spies from committing murder, rape and torture under new law – The Independent

Posted January 14th, 2021 in bills, intelligence services, investigatory powers, murder, news, rape, spying, torture by tracey

‘Peers have voted to ban spies from committing murder, rape and torture under a controversial new law – three months after MPs refused to bring in the same restrictions.’

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The Independent, 13th January 2021

Source: www.independent.co.uk

The Overseas Operations Bill ‘Does nothing to protect soldiers and breaches international law’ – Each Other

‘A former senior legal officer for the British Army has spoken out against The Overseas Operations Bill currently on its way through parliament, saying it does nothing to protect soldiers and breaches international law.’

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Each Other, 12th January 2021

Source: eachother.org.uk

Case Comment: Shagang Shipping Company Ltd (in liquidation) v HNA Group Company Ltd [2020] UKSC 34 – UKSC Blog

Posted December 9th, 2020 in appeals, bribery, charterparties, evidence, news, Supreme Court, torture by sally

‘On 5 August 2020, the UK Supreme Court handed down judgment in Shagang Shipping Company Ltd (in liquidation) v HNA Group Company Ltd [2020] UKSC 34; [2020] 1 W.L.R. 3549. Against the background of a commercial charterparty dispute, this appeal raised important questions about the admissibility of evidence potentially obtained through torture.’

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UKSC Blog, 8th December 2020

Source: ukscblog.com

UK set to introduce bill allowing MI5 agents to break the law – The Guardian

Posted September 24th, 2020 in bills, human rights, intelligence services, murder, news, terrorism, torture by sally

‘A bill allowing confidential informants working for MI5 and the police to break the law will be introduced on Thursday amid a row about whether committing crimes such as murder and torture should be explicitly banned.’

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The Guardian, 24th September 2020

Source: www.theguardian.com

Activists launch London legal action against UK officers in Hong Kong police – The Guardian

Posted August 11th, 2020 in demonstrations, Hong Kong, news, police, private prosecutions, public order, torture by sally

‘Pro-democracy activists have launched a private prosecution in London against five British officers working for the Hong Kong police, alleging they have taken part in brutal actions against protesters.’

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The Guardian, 10th August 2020

Source: www.theguardian.com

New Judgment: Shagang Shipping Company Ltd (in liquidation) v HNA Group Company Ltd [2020] UKSC 34 – UKSC Blog

‘This appeal arose out of a claim by the appellant under a guarantee of a contract, to charter a vessel which was met with a defence from the respondent that the contract was procured by bribery and that the guarantee was therefore unenforceable. The bribery allegation was based on evidence of confessions that the appellant alleged were obtained by torture and therefore inadmissible.’

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UKSC Blog, 5th August 2020

Source: ukscblog.com

Gay Conversion Therapy Is Torture, The UK Must Ban It – Each Other

‘Conversion therapy is a set of pseudo-scientific practices which aim to change, suppress, or divert a person’s sexual orientation or gender identity. It is based on the assumption that “being lesbian, gay, bi or trans is a mental illness that can be “cured”.’

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Each Other, 16th July 2020

Source: eachother.org.uk

High Court rules on preliminary issues in challenge relating to alleged UK involvement in torture – UK Human Rights Blog

‘In R (Reprieve & Ors) v Prime Minister [2020] EWHC 1695 (Admin), the High Court made a preliminary ruling that Article 6(1) of the ECHR does not apply to the forthcoming judicial review of the Government’s decision not to establish a public inquiry into allegations that the UK intelligence services were involved in the torture, mistreatment and rendition of detainees in the aftermath of 9/11. It was further held that the claimants are not entitled to the level of disclosure of open material outlined in SSHD v AF (No 3) [2009].’

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UK Human Rights Blog, 9th July 2020

Source: ukhumanrightsblog.com

Daniella Lock: The ‘Third Direction case’ Part One: Miller (Nos 1 and 2) in the National Security Context? – UK Constitutional Law Association

‘The ‘Third Direction case’, soon to be brought before the Court of Appeal, concerns the lawfulness of a previously secret national security policy of the UK Government. The policy authorises agents of the Security Service (MI5) to engage in criminal activity, which the claimants allege include the carrying out of torture and murder. Hearings on the case were held in November last year in the Investigatory Powers Tribunal (IPT), a specialist tribunal which adjudicates complaints on state surveillance and the conduct of the Security Services (MI5, MI6 and GCHQ). The IPT produced a judgment remarkably quickly, published in December.’

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UK Constitutional Law Association, 7th July 2020

Source: ukconstitutionallaw.org