Regina (Ghai) v Newcastle upon Tyne City Council
Queen’s bench Division
“The orthodox Hindu belief in the necessity of open-air cremation as a manifestation of belief within the meaning of article 9 of the European Convention on Human Rights was limited by statutory provisions which were justified under article 9.2 of the Convention.”
The Times, 18th May 2009
Source: www.timesonline.co.uk
“The Ministry of Defence is bracing itself for defeat with a landmark court ruling tomorrow on whether Britain’s soldiers, sailors and airmen should be protected under the Human Rights Act while they serve abroad.”
Independent on Sunday, 17th May 2009
Source: www.independent.co.uk
“Soldiers serving abroad are protected by Human Rights laws, the Court of Appeal ruled today in a controversial landmark judgment.”
The Independent, 18th May 2009
Source: www.independent.co.uk
R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening)
“The burning of human remains other than in a crematorium was a criminal offence under ss 2 and 8 of the Cremation Act 1902 and regs 2(1) and 13 of the Cremation (England and Wales) Regulations 2008 (SI 2008/2841). Cremation of an orthodox Hindu on an open air pyre was a manifestation of his belief within the meaning of art 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the statutory provisions on cremation limited his freedom to manifest that belief. The statutory provisions governing open air funeral pyres were, however, justified under art 9(2) on the grounds of the protection of public morals and the rights and freedoms of others.”
WLR Daily, 13th May 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.
“A bid by a devout Hindu for the legal right to be cremated on a traditional open-air funeral pyre has been rejected by the High Court in London.”
BBC News, 8th May 2009
Source: www.bbc.co.uk
Regina (Nasseri) v Secretary of State for the Home Department [2009] UKHL 23; [2009] WLR (D) 148
“The irrebuttable presumption, laid down in paras 2 and 3 of Pt 1 of Sch 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, that a foreign national who entered the United Kingdom via Greece could be returned to Greece because Greece was a place from which he would not be sent to another state to face inhuman and degrading treatment contrary to art 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, was not in itself incompatible with the Convention provided there was no evidence to show that on his return to Greece he was actually at risk of being removed to another country in breach of his art 3 rights.”
WLR Daily, 8th May 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.
“The failure of the Secretary of State for Justice to provide courses to enable prisoners serving indeterminate sentences for public protection to enable them to demonstrate their safety for release to the Parole Board did not render their post-tariff detention unlawful.”
WLR Daily, 6th May 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.
Regina (Lee) v Same; Regina (Wells) v Same
House of Lords
“Although the Secretary of State for Justice had failed in his public duty to provide such treatment courses for prisoners serving indeterminate sentences for public protection as would enable them to demonstrate to the Parole Board that it was safe to release them, their post-tariff detention was not unlawful.”
The Times, 8th May 2009
Source: www.timesonline.co.uk
Regina (Nasseri) v Secretary of State for the Home Department
House of Lords
“As there was no evidence that Greece was a place from which a foreign asylum seeker would be deported to his own country to face inhuman and degrading treatment, there was nothing incompatible with the European Convention on Human Rights in a statutory provision which deemed that Greece was a safe country to which he could be returned from the United Kingdom.”
The Times, 7th May 2009
Source: www.timesonline.co.uk
Y (Sri Lanka) v Secretary of State for the Home Department; Z (Sri Lanka) v Same
Court of Appeal
“It would be a breach of article 3 of the European Convention on Human Rights, prohibiting torture, to order the return of an asylum seeker to a country where there was an undisturbed finding that the asylum seeker had been tortured and raped in captivity and where credible and uncontradicted expert evidence was that the likely effect of the trauma, if return was enforced, would be suicide.”
The Times, 5th May 2009
Source: www.timesonline.co.uk
“The home secretary, Jacqui Smith, will publish plans this week for the destruction of the DNA profiles of nearly a million innocent people from the police national database. The government’s response follows a ruling by the European court of human rights last year that the practice of retaining the DNA profiles was illegal.”
The Guardian, 3rd May 2009
Source: www.guardian.co.uk
Regina (G) v Governors of X School
Queen’s Bench Division
“An employee of a school facing a disciplinary committee for allegations of sexual misconduct was entitled to an enhanced measure of procedural protection afforded by article 6.1 of the European Convention on Human Rights, guaranteeing the right to a fair hearing, which included the right to legal representation at the disciplinary hearing.”
Times Law Reports, 24th April 2009
Source: www.timesonline.co.uk
“A former chief of the defence staff has warned that the ‘creeping irreversible curtailment’ of civil liberties in the name of national security is ‘playing the game by terrorists’ rules’.
The Guardian, 24th April 2009
Source: www.guardian.co.uk
“British troops were accused at the High Court yesterday of using interrogation techniques on Iraqi civilian detainees that breached human rights laws.”
The Times, 23rd April 2009
Source: www.timesonline.co.uk
“A senior British judge has accused the European Court of Human Rights of going beyond its jurisdiction and trying to create a ‘federal law of Europe’.”
BBC News, 4th April 2009
Source: www.bbc.co.uk
Regina (AM)(Somalia) v Secretary of State for the Home Department
Court of Appeal
“An asylum-seeker’s in-country appeal against removal on human rights grounds could not be stifled by the later issue of a certificate by the Secretary of State for the Home Department that the opposition was clearly unfounded.”
The Times, 1st April 2009
Source: www.timesonline.co.uk
AF (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 240; [2009] WLR (D) 112
“In considering whether it was consistent with the right to respect for family life to require the wife and children of a man whose deportation had been ordered to accompany him in deportation the court should look at the issue from the point of view of the wife and children and not just of the potential deportee. It was not enough that there were no insuperable obstacles to their moving because the ultimate test was one of proportionality.”
WLR Daily, 26th March 2009
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A national debate is launched today to explore whether a clearer common understanding of our rights and responsibilities might be built by articulating them in a single text – a Bill of Rights and Responsibilities.”
Ministry of Justice, 23rd March 2009
Source: www.justice.gov.uk
“More than 200 people responsible for war crimes and other human rights abuses overseas could be living in Britain, the BBC has learned.”
BBC News, 24th March 2009
Source: www.bbc.co.uk
“The Big Question: Are there illegal government databases and what can we do about it?.”
The Independent, 24th March 2009
Source: www.independent.co.uk
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