Foreign nationals who pose a threat to national security may not be deported to Algeria because of human rights – Court of Appeal – UK Human Rights Blog

Posted February 3rd, 2015 in appeals, deportation, human rights, news by sally

‘BB, PP, U and others v Secretary of State for the Home Department [2015] EWCA Civ 9 (23 January 2015). This was an appeal by Algerian nationals who had been found by the Special Immigration and Appeals Commission (SIAC) to constitute a threat to UK national security, against deportation to Algeria.’

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UK Human Rights Blog, 2nd February 2015

Source: www.ukhumanrightsblog.com

The Magna Carta explained – Daily Telegraph

Posted February 2nd, 2015 in human rights, legal history, magna carta, news, rule of law by sally

‘As the four original surviving copies of the Magna Carta are brought together under the same roof for the first time, here is a Q&A about the document.’

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Daily Telegraph, 2nd February 2015

Source: www.telegraph.co.uk

European Court to rule on ‘whole life tariff’ legality of triple murderer Arthur Hutchinson – The Independent

Posted February 2nd, 2015 in appeals, human rights, murder, news, rape, sentencing by sally

‘One of the UK’s most notorious killers will learn this week whether he has anything more than the faintest of hopes of ever leaving prison. The European Court of Human Rights in Strasbourg is set to rule whether triple murderer Arthur Hutchinson should be eligible for release from Frankland prison, Durham.’

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The Independent, 1st February 2015

Source: www.independent.co.uk

“Lamentable”, “egregious” and “wholly indefensible”: High Court lambasts local authority’s conduct of care proceedings – UK Human Rights Blog

Posted February 2nd, 2015 in care orders, children, damages, delay, guardianship, human rights, local government, news by sally

‘A Family Division judge has awarded damages under the Human Rights Act against a local authority in what he described as an “unfortunate and woeful case” involving a baby taken into foster care. Mr Justice Keehan cited a “catalogue of errors, omissions, delays and serial breaches of court orders” by Northamptonshire County Council. Unusually, the judge decided to give the judgment in this sensitive case in public in order to set out “the lamentable conduct of this litigation by the local authority.”’

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UK Human Rights Blog, 1st February 2015

Source: www.ukhumanrightsblog.com

Human Rights Act has helped 28 terrorists to stay in UK – Daily Telegraph

Posted February 2nd, 2015 in deportation, human rights, legal aid, news, terrorism by sally

‘A respected think tank has compiled a dossier showing more than 20 convicted terrorists and suspects from abroad have used human rights laws to remain in the UK, including al-Qaeda fundraiser Baghdad Meziane.’

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Daily Telegraph, 31st January 2015

Source: www.telegraph.co.uk

Prison ‘book ban’ rule relaxed – BBC News

Posted February 2nd, 2015 in human rights, news, prisons by sally

‘A rule that effectively stopped prison inmates in England and Wales receiving books has been relaxed.’

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BBC News, 1st February 2015

Source: www.bbc.co.uk

What price liberty? Damages, DOLS and a cat named Fluffy – UK Human Rights Blog

‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’

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UK Human Rights Blog, 29th January 2015

Source: www.ukhumanrightsblog.com

UK broke law in fewer than 1% of European human rights cases in 2014 – The Guardian

Posted January 30th, 2015 in delay, human rights, news, statistics by sally

‘The United Kingdom was found to have acted unlawfully in fewer than one per cent of the cases lodged against it last year at the European court of human rights (ECHR), it has been revealed.’

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The Guardian, 29th January 2015

Source: www.guardian.co.uk

Haroon Aswat’s extradition to US legal, judges rule – BBC News

Posted January 29th, 2015 in extradition, human rights, mental health, news, terrorism by sally

‘The extradition of British terror suspect Haroon Aswat to the United States was lawful, European Court of Human Rights judges have ruled.’

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BBC News, 29th January 2015

Source: www.bbc.co.uk

Acquitted defendants costs regime not incompatible with ECHR – UK Human Rights Blog

Posted January 29th, 2015 in bills, costs, human rights, news by sally

‘The Court (Burnett LJ giving the sole judgment) has ruled on whether the statutory changes made to the ability of acquitted defendants in the Crown Court to recover their costs from central funds are compatible with the ECHR.’

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UK Human Rights Blog, 28th January 2015

Source: www.ukhumanrightsblog.com

Hayley Hooper: The Counter Terrorism and Security Bill: A Potential Further Erosion of Citizenship Rights in the UK – UK Constitutional Law Association

Posted January 29th, 2015 in bills, citizenship, human rights, news, passports, terrorism by sally

‘The Counter Terrorism and Security Bill was introduced into the House of Commons on 7 January 2015 using a semi-fast-track procedure. The Bill provides for new powers to seize travel documents from individuals suspected of terrorism, for increased powers to retain internet data under the Regulation of Investigatory Powers Act 2000 (RIPA), and more intrusive measures under the Terrorism Prevention and Investigation Measures Act 2011. This comment focuses on one aspect of the Bill: the “temporary exclusion orders” (TEOs) proposed in Chapter Two. These TEOs would allow the Home Secretary to make an executive order to invalidate an individual’s passport whilst s/he is abroad if there is “reasonable suspicion” that s/he has been involved in terrorism or terrorism related activity outside of the United Kingdom. Such orders may remain in force for up to two years. This means that affected individuals can only return to the UK if they become the subject of a “managed return” during which they may be subject to conditions consistent with obligations in the existing Terrorism Prevention and Investigation Measures Act.’

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UK Constitutional Law Association, 27th Janaury 2015

Source: www.ukconstitutionallaw.org

Alexander Horne: Evidence under oath, perjury and parliamentary privilege – UK Constitutional Law Association

‘The issue of select committee powers has received renewed interest during the 2010-15 Parliament, culminating in a report from Liaison Committee on Select committee effectiveness, resources and powers (in October 2012); and, subsequently, a report by the Joint Committee on Parliamentary Privilege in July 2013 (and a Government response later that year).’

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UK Constitutional Law Association, 29th January 2015

Source: www.ukconstitutionallaw.org

Analysis: Why can’t we sue the police for negligence? – BBC News

Posted January 29th, 2015 in appeals, human rights, immunity, negligence, news, police, public interest, Supreme Court by sally

‘You call the police in your moment of need and they don’t turn up until it’s too late.’

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BBC News, 28th January 2015

Source: www.bbc.co.uk

Elderly man ‘held prisoner’ in care home – Daily Telegraph

‘An elderly man suffering from dementia was treated like a “prisoner” after social workers dispatched him to a nursing home against his and his family’s wishes without going through proper legal processes, a formal investigation has found.’

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Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

Elashmawy v Court of Brescia, Italy – WLR Daily

Posted January 27th, 2015 in appeals, extradition, foreign jurisdictions, human rights, law reports, prisons by sally

Elashmawy v Court of Brescia, Italy [2015] EWHC 28 (Admin); [2015] WLR (D) 15

‘Italian prison conditions were compliant with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th January 2015

Source: www.iclr.co.uk

David Hart QC: TTIP – more ‘foreign’ judges critising ‘our’ laws? – UK Human Rights Blog

Posted January 27th, 2015 in foreign companies, human rights, news, treaties, tribunals by sally

‘TTIP stands for the Transatlantic Trade and Investment Partnership, a proposed trade agreement between the US, the EU, and various members of the EU including the UK. A sober account of its history and scope was produced for the HoC debate (here), and a rather less polite view is here from George Monbiot. ‘

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UK Human Rights Blog, 23rd January 2015

Source: www.ukhumanrightsblog.com

Mass surveillance is fundamental threat to human rights, says European report – The Guardian

Posted January 27th, 2015 in EC law, human rights, interception, investigatory powers, news, privacy, reports by sally

‘Europe’s top rights body has said mass surveillance practices are a fundamental threat to human rights and violate the right to privacy enshrined in European law.’

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The Guardian, 26th January 2015

Source: www.guardian.co.uk

Nonagenarian unlawfully detained in care home for nearly two years – UK Human Rights Blog

‘The Court of Protection has castigated the actions of a County Council in depriving an old person of his liberty and dignity in their overreaction to reports that he might be subjected to financial exploitation. This, said the judge, amounted to punishing the victim for the acts of the perpetrators.’

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UK Human Rights Blog, 22nd January 2015

Source: www.ukhumanrightsblog.com

Strip-searched girl’s family sues Merseyside police – The Guardian

Posted January 22nd, 2015 in children, human rights, news, police, privacy, stop and search by sally

‘A teenager who was forcibly strip-searched is suing Merseyside police for alleged mistreatment, as more and more children are subjected to the practice.’

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The Guardian, 22nd January 2015

Source: www.guardian.co.uk

Eric Pickles ‘breached’ Green Belt Gypsies’ human rights – BBC News

Posted January 22nd, 2015 in equality, human rights, news, planning, travellers by sally

‘Communities Secretary Eric Pickles “unlawfully discriminated” against Romany Gypsies wanting pitches in the Green Belt, the High Court has ruled.’

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BBC News, 21st January 2015

Source: www.bbc.co.uk