Category: human rights

Update on Freedom of Information – 11 KBW

Posted November 27th, 2012 in data protection, electronic mail, freedom of information, human rights, news, public interest by sally

“This paper focuses on developments in the case law concerning freedom of information over roughly the last 12 months. The number of cases concerning freedom of information being decided has continued to grow at an exponential rate (in part due to successful efforts by the Information Commissioner (‘the IC’) to get on top of the case backlog faced by his office). The Information Rights Tribunal (‘the Tribunal’) website contains the outcomes of over 220 appeals since the beginning of 2012 alone – and the vast majority of these are substantive decisions. There have also been seven Upper Tribunal (‘UT’) decisions, and one decision each from the Court of Appeal and the Supreme Court.”

Full story (PDF)

11 KBW, 20th November 2012

Source: www.11kbw.com

Secret Courts remixed: any better than the original? – UK Human Rights Blog

Posted November 27th, 2012 in bills, closed material, human rights, news, private hearings by sally

“This coming Wednesday sees the end of the first stage of the Justice and Security Bill’s passage into law. The Bill which would introduce Closed Material Procedures (CMP) – where one side of a case is excluded with his legal team and represented by a security cleared special advocate in cases involving national security – has become widely known as the Secret Courts Bill. Its progress has been closely scrutinised in this blog over the past six months.”

Full story

UK Human Rights Blog, 26th November 2012

Source: www.ukhumanrightsblog.com

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another – WLR Daily

Posted November 23rd, 2012 in bail, deportation, disclosure, human rights, judicial review, law reports by tracey

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another: [2012] EWCA Civ 1499;   [2012] WLR (D)  334

“The decision to deport an individual and the grant of conditional bail pending deportation did not involve a determination of civil rights within the meaning of article 6 of the Convention for the Protections of Human Rights and Fundamental Freedoms, and accordingly the fair trial provisions in article 6 had no application to that decision. Where bail conditions interfered with an individual’s article 8 rights to protection of private and family life but did not amount to deprivation of liberty, the individual had to be able to make an effective challenge to the decision but was not without more entitled to the disclosure of information relating to the national security case against him.”

WLR Daily, 19th November 2012

Source: www.iclr.co.uk

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Stapleton – WLR Daily

Posted November 23rd, 2012 in appeals, human rights, imprisonment, law reports, murder, rape, sentencing by tracey

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Simmons; Regina v Stapleton: [2012] EWCA Crim 2435;   [2012] WLR (D)  338

“The provisions of Schedule 21 to the Criminal Justice Act 2003, which enabled the court in a case of exceptional seriousness to sentence an offender to life imprisonment with a whole life term as the specified minimum sentence, were not incompatible with and did not contravene article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms provided the judge specifying the minimum term was satisfied that, taking into account all the aggravating and mitigating factors, the element of just punishment and retribution required the imposition of a whole life order.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

“Murder most foul”: whole life imprisonment not a human rights breach – UK Human Rights Blog

Posted November 23rd, 2012 in human rights, murder, news, rape, sentencing by tracey

“Oakes and others v R [2012] EWCA Crim 2435 – the imposition of whole life orders for extremely serious crimes does not violate the prohibition on inhuman and degrading treatment under Article 3.”

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UK Human Rights Blog, 22nd November 2012

Sooure: www.ukhumanrightsblog.com

Prisoner voting rights – Ministry of Justice

Posted November 23rd, 2012 in bills, elections, human rights, prisons by tracey

“Draft proposals to ensure that laws on prisoner voting comply with the UK’s international legal obligations were outlined by Justice Secretary Chris Grayling today.”

Voting Eligibility (Prisoners) Draft Bill

Ministry of Justice, 22nd November 2012

Source: www.justice.gov.uk

Prisoner votes: government is playing for more time – The Guardian

Posted November 23rd, 2012 in elections, human rights, news, prisons by tracey

“On the face of it, the government is respecting the rule of law but it is unattractive to knowingly put forward proposals that breach human rights.”

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The Guardian, 22nd November 2012

Source: www.guardian.co.uk

Facebook faux pas and disciplinary proceedings – when do human rights come in? – UK Human Rights Blog

Posted November 22nd, 2012 in appeals, disciplinary procedures, employment, freedom of expression, human rights, news by tracey

“Two employment cases, about Facebook and train tickets respectively, indicate the difficulties of deciding where human rights may or may not be raised in disputes between private parties – neither defendant in these cases was a public authority.”

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UK Human Rights Blog, 21st November 2012

Source: www.ukhumanrightsblog.com

Whole life prison terms upheld by Court of Appeal – BBC News

Posted November 21st, 2012 in appeals, dangerous offenders, early release, human rights, murder, news, prisons, rape by sally

“The Court of Appeal has upheld the principle of whole life sentences for the most dangerous of offenders, saying it does not breach human rights.”

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BBC News, 21st November 2012

Source: www.bbc.co.uk

Regina (Irfan) v Secretary of State for the Home Department – WLR Daily

Posted November 21st, 2012 in human rights, law reports, news, notification, proportionality, release on licence, sentencing, terrorism by sally

Regina (Irfan) v Secretary of State for the Home Department [2012] EWCA Civ 1471; [2012] WLR (D) 328

“There was nothing disproportionate about a notification requirement of ten years’ duration from the date of release from imprisonment on licence even in the absence of a right of review.”

WLR Daily, 14th November 2012

Source: www.iclr.co.uk

Judges ruling on whole-life case – BBC News

Posted November 21st, 2012 in appeals, dangerous offenders, early release, human rights, judges, murder, news, rape, sentencing by sally

“Five leading judges are to rule on appeals by four convicted criminals against their whole-life tariffs.”

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BBC News, 21st November 2012

Source: www.bbc.co.uk

Guilt, non-guilt and innocence: what will Strasbourg decide? – The Guardian

Posted November 21st, 2012 in compensation, human rights, miscarriage of justice, news, victims by sally

“Victims of miscarriages of justice await Lorraine Allen judgment with hope.”

Full story

The Guardian, 21st November 2012

Source: www.guardian.co.uk

Votes for prisoners – opening the door? – BBC News

Posted November 20th, 2012 in bills, courts, elections, human rights, news, prisons by sally

“Polls suggest the public are incredulous at the idea. And, famously, we all know that it makes David Cameron physically sick.”

Full story

BBC News, 19th November 2012

Source: www.bbc.co.uk

A war on Judicial Review? – UK Human Rights Blog

Posted November 19th, 2012 in delay, human rights, immigration, judicial review, news by sally

“The Prime Minister is to ‘get a grip’ on people forcing unnecessary delays to Government policy by cracking down on the ‘massive growth industry’ of Judicial Review.”

Full story

UK Human Rights Blog, 19th November 2012

Source: www.ukhumanrightsblog.com

The right of property under A1P1- Supreme Court sees that it has teeth – UK Human Rights Blog

Posted November 19th, 2012 in confiscation, human rights, mortgages, news, proceeds of crime by sally

“Traditionally, the qualified right to peaceful possession of property conferred by Article 1 of the 1st Protocol (A1P1) has been thought of as a rather feeble entitlement, easily outweighed by public interests. After all, every day of the week, the modern state affects that right – think taxes or planning restrictions, or business bans arising out of public health concerns (e.g. see here), where removal and confiscation or restriction on what we do with property is readily accepted. Last week the Supreme Court ruled that the Proceeds of Crime Act 2002 (POCA) needs a bit of remedial HR surgery as and when its blunderbuss rules would otherwise have a disproportionate effect on those affected. But the importance of the ruling extends far beyond the specific statutory context.”

Full story

UK Human Rights Blog, 18th November 2012

Source: www.ukhumanrightsblog.com

Prisoner vote bill to be outlined – BBC News

Posted November 19th, 2012 in bills, elections, human rights, news, parliament, prisons by sally

“The government’s draft bill on prisoner voting is to be outlined by the justice secretary on Thursday, the BBC understands.”

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BBC News, 18th November 2012

Source: www.bbc.co.uk

“No-one should be under any doubt – prisoners are not getting the vote under this government” – UK Human Rights Blog

Posted November 19th, 2012 in elections, human rights, news, parliament, prisons by sally

“It is being reported that Parliament will, after all, get the opportunity to decide whether the blanket ban on convicted prisoners being able to vote will be lifted. MPs could get three options to choose from, including removing the ban for prisoners serving six months or less and those serving four years or less. A third option will be to maintain the status quo, with no convicted prisoners being able to vote.”

Full story

UK Human Rights Blog, 18th November 2012

Source: www.ukhumanrightsblog.com

Regina v Waya – WLR Daily

Posted November 16th, 2012 in confiscation, fraud, human rights, law reports, mortgages, proceeds of crime by tracey

Regina v Waya: [2012] UKSC 51;   [2012] WLR (D)  324

“The statutory object of Part 2 of the Proceeds of Crime Act 2002 was to remove from a defendant the proceeds of his crime and a confiscation order made thereunder was not intended to be an additional financial penalty similar to a fine. A confiscation order which was disproportionate to the benefit obtained by the defendant from his crime would be a violation of article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms. However section 6(5) of the 2002 Act could, pursuant to section 3 of the Human Rights Act 1998, be read and given effect in a manner which was compatible with the rights under article 1.”

WLR Daily, 24th October 2012

Source: www.iclr.co.uk

Abu Qatada: in the public interest – UK Human Rights Blog

Posted November 16th, 2012 in appeals, deportation, human rights, news, public interest, terrorism, torture by tracey

“You may have heard that the Special Immigration Appeals Commission (SIAC) decided on Tuesday that Abu Qatada, an alleged terrorist who has been detained for the best part of the last seven years awaiting deportation to his native Jordan, cannot be deported. There would be a real risk, ruled SIAC, that he would face a flagrant denial of justice in his ensuing trial.”

Full story

UK Human Rights Blog, 16th November 2012

Source: www.ukhumanrightsblog.com

Retention and disclosure of police caution data infringe Article 8 – UK Human Rights Blog

Posted November 15th, 2012 in cautions, criminal records, human rights, news, Northern Ireland, vetting by sally

“The European Court of Human Rights yesterday handed down a Chamber judgment in declaring that the arrangements for the indefinite retention of data relating to a person’s caution in a criminal matter and for the disclosure of such data in criminal record checks infringe Article 8 of the ECHR.”

Full story

UK Human Rights Blog, 15th November 2012

Source: www.ukhumanrightsblog.com