Extradition battle over ‘onion risk’ – The Independent

Posted July 9th, 2009 in allergies, extradition, food, human rights, news, prisons by sally

“A man attempted to avoid extradition today because his human rights could be breached by being fed ‘potentially life threatening’ red onions in an Irish jail.”

Full story

The Independent, 9th July 2009

Source: www.independent.co.uk

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

Posted July 8th, 2009 in human rights, law reports, prisons, young offenders by sally

R (P) v Secretary of State for Justice [2009] EWCA Civ 701; [2009] WLR (D) 234

“Where it was contended, pursuant to art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998, that the state should investigate the treatment accorded to a self-harming young offender while he was in detention, a ‘real and immediate’ risk to life was a prerequisite.”

WLR Daily, 7th July 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.

R (Allen) v Inner North London Coroner – WLR Daily

Posted July 2nd, 2009 in detention, human rights, inquests, law reports, mental health by sally

R (Allen) v Inner North London Coroner [2009] EWCA Civ 623; [2009] WLR (D) 219

“An inquest into the death of a patient who was detained in a hospital under s 3 of the Mental Health Act 1983 had to satisfy the enhanced requirements of art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to life.”

WLR Daily, 1st July 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.

Amending the law on the DNA database needs proper scrutiny – The Times

Posted July 2nd, 2009 in criminal records, DNA, human rights, news by sally

“Last December the European Court of Human Rights decided in S and Marper v The United Kingdom that the retention by the State of DNA profiles is a breach of Article 8 of the European Convention on Human Rights. That is because information about people arrested for, or charged with, an offence but not subsequently convicted, is kept on the national DNA database for an unlimited period of time. The Government has accepted the judgment of the European court and announced that it will change the law to ensure compliance. But its proposed method of doing so is unsatisfactory and needs reconsideration.”

Full story

The Times, 2nd July 2009

Source: www.timesonline.co.uk

Regina v Twomey (John); Regina v Blake (Peter); Regina v Cameron (Glen); Regina v Hibberd (Barry) – Times Law Reports

Posted June 25th, 2009 in human rights, intimidation, juries, law reports, trial without jury by sally

Regina v Twomey (John); Regina v Blake (Peter); Regina v Cameron (Glen); Regina v Hibberd (Barry)

Court of Appeal

“A defendant’s right to a fair trial was not prejudiced by holding a criminal trial without a jury, where the danger of jury tampering was very significant and was not sufficiently addressed by proposed protective measures.”

The Times, 25th June 2009

Source; www.timesonline.co.uk

Analysis: Britain has moral duty to allow Mau Mau case to proceed – The Times

Posted June 24th, 2009 in colonies, compensation, human rights, Kenya, news, torture by sally

“Since the 1950s, Mau Mau has often been synonymous with atavistic savagery. It was a grassroots movement that sought to end British rule in Kenya, and with it the privileges of an African minority loyal to colonialism. Comprised almost entirely of Kikuyu – Kenya’s largest ethnic group — Mau Mau perpetrated some heinous crimes. But, so, too, did the agents of British colonialism, and on an order of magnitude that dwarfed Mau Mau acts of violence.”

Full story

The Times, 23rd June 2009

Source: www.timesonline.co.uk

Kenyan veterans in UK court bid – BBC News

Posted June 23rd, 2009 in colonies, compensation, human rights, Kenya, news, torture by sally

“A case against the British government brought by veterans of Kenya’s independence struggle will be heard at London’s High Court later.”

Full story

BBC News, 23rd June 2009

Source: www.bbc.co.uk

Families to sue for forces deaths – BBC News

Posted June 19th, 2009 in armed forces, human rights, negligence, news by sally

“Four families of servicemen killed in Snatch Land Rovers in Iraq and Afghanistan are to sue the Ministry of Defence, the BBC has learned.”

Full story

BBC News, 19th June 2009

Source: www.bbc.co.uk

In re Attorney General’s Reference (No 3 of 1999) – WLR Daily

Posted June 18th, 2009 in anonymity, human rights, law reports, privacy by sally

In re Attorney General’s Reference (No 3 of 1999) [2009] UKHL 34; [2009] WLR (D) 192

“An order made by the House of Lords on an Attorney General’s reference in October 2000 prohibiting identification of the defendant, D, should now, on a balance of the defendant’s right to privacy under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the right of the media to freedom of expression and communication under art 10, be discharged.”

WLR Daily, 17th 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.

In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999) – Times Law Reports

Posted June 18th, 2009 in anonymity, freedom of expression, human rights, law reports, privacy by sally

In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999)

House of Lords

“Balancing the defendant’s right to privacy under article 8 of the European Convention on Human Rights against the right of the British Broadcasting Corporation under article 10 of that Convention to freedom of expression and communication, an order made by the House of Lords in October 2000 in an Attorney-General’s reference prohibiting identification of the defendant, D, should be discharged.”

The Times, 18th June 2009

Source: www.timesonline.co.uk

Szuluk v United Kingdom (Application No 36936/05) – Times Law Reports

Posted June 17th, 2009 in confidentiality, human rights, law reports, prisons by sally

Szuluk v United Kingdom (Application No 36936/05)

European Court of Human Rights

“In a unanimous judgment, the European Court of Human Rights held that monitoring, by the prison authorities of medical correspondence between a convicted prisoner and his external specialist doctor, violated the prisoner’s right for respect for his correspondence, as guaranteed by article 8 of the European Convention on Human Rights.”

The Times, 17th June 2009

Source: www.timesonline.co.uk

Jewish couple sue neighbours over automatic light – Daily Telegraph

Posted June 17th, 2009 in human rights, Judaism, news, religious discrimination by sally

“A Jewish couple are suing their neighbours in a block of flats because they say an automatic security light breaks a religious prohibition.”

Full story

Daily Telegraph, 16th June 2009

Source: www.telegraph.co.uk

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

The Times, 10th June 2009

Source: www.timesonline.co.uk