Human rights challenge to MoD due – BBC News
“The government’s human rights watchdog will take on the MoD in a test case later which could extend human rights law to soldiers on battlefields abroad.”
BBC News, 9th March 2009
Source: www.bbc.co.uk
Category: human rights
Judge refuses Iraq war ‘torture death’ probe – The Independent
“An Iraqi who claims his brother was arrested by British forces and tortured and killed during the Iraq war has failed in a High Court bid to win an inquiry into the death under human rights laws.”
The Independent, 25th February 2009
Source: www.independent.co.uk
Tabernacle v Secretary of State for Defence – Times Law Reports
Tabernacle v Secretary of State for Defence
Court of Appeal
“A bylaw prohibiting camping on land at Aldermaston was not justifiable and violated the rights to freedom of expression and of assembly guaranted by articles 10 and 11 respectively of the European Convention on Human Rights.”
The Times, 25th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Terrorism and human rights: is it time to reclaim lost ground? – The Times
“Sir Ken Macdonald stoked the flames of the debate on how we tackle terrorism with his timely intervention this week on white collar fraudsters. ”
The Times, 24th February 2009
Source: www.timesonline.co.uk
A and Others v United Kingdom (Application No 3455/05) – Times Law Reports
A and Others v United Kingdom (Application No 3455/05)
European Court of Human Rights
“The European Court of Human Rights held the United Kingdom in breach of article 5.1 of the European Convention on Human Rights in respect of nonnational terrorist suspects, since they had not been detained with a view to deportation and the derogating measures permitting their indefinite detention discriminated unjustifiably between nationals and nonnationals.”
The Times, 20th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Revealed: the full extent of Labour’s curbs on civil liberties – The Independent
“The full extent of state powers to detain people without charge, cover up Government errors, hold the DNA of the innocent and share personal data between public bodies has been revealed in a devastating analysis of the erosion of civil liberties in Britain over the past decade.”
The Independent, 20th February 2009
Source: www.independent.co.uk
Abu Qatada gets £2,500 compensation for breach of human rights – The Guardian
“Muslim preacher awarded damages by European judges for being detained after September 11 attacks.”
The Guardian, 19th February 2009
Source: www.guardian.co.uk
Terrorist threat ‘exploited to curb civil liberties’ – The Independent
“Dame Stella Rimington, the former head of MI5, has accused the Government of exploiting public fear of terrorism to restrict civil liberties. ”
The Independent, 17th February 2009
Source: www.independent.co.uk
Anti-terror tactics ‘weaken law’ – BBC News
“Anti-terror measures worldwide have seriously undermined international human rights law, a report by legal experts says.”
BBC News, 16th February 2009
Source: www.bbc.co.uk
Human rights committee calls Miliband and Smith for questioning over torture claims – The Guardian
“David Miliband has been asked to join Jacqui Smith in appearing before parliament’s human rights committee amid growing concern that the government may have breached international law by colluding in the alleged torture of British citizens in Pakistan.”
Full story
The Guardian, 11th February 2009
Source: www.guardian.co.uk
Conflicting Rights – BBC News
“What happens when the rights of two people collide and how does the law deal with the issue?”
BBC News, 6th February 2009
Source: www.bbc.co.uk
Prisoners demand right to be fathers after landmark European ruling – Daily Telegraph
“Six prisoners in British jails have applied to have children with their partners following a landmark European court ruling that their human rights would be breached if they are prevented from becoming fathers.”
Daily Telegraph, 8th February 2009
Source: www.telegraph.co.uk
Tabernacle v Secretary of State for Defence – WLR Daily
Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23; [2009] WLR (D) 35
“Para 7(2)(f) of the Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007, which prohibited the right of any member of the Women’s Peace Camp to camp within controlled areas on land owned by the Secretary of State for Defence to protest against nuclear weapons was not justifiable and violated the rights to individual freedom of expression and to freedom of peaceful assembly protected by arts 10 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedom.”
WLR Daily, 5th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Al-Saadoon and Another) v Secretary of State for Defence – Times Law Reports
Regina (Al-Saadoon and Another) v Secretary of State for Defence
Court of Appeal
“Iraqi detainees held in a United Kingdom internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the UK for the purposes of the European Convention on Human Rights.”
The Times, 4th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Regina (Black) v Secretary of State for Justice – Times Law Reports
Regina (Black) v Secretary of State for Justice
House of Lords
“The provision requiring lawfulness of detention to be determined by a court was not infringed when the Secretary of State for Justice rather than the Parole Board determined whether certain long-term prisoners should be released on licence.”
The Times, 30th January 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Austin v Commissioner of Police of the Metropolis – WLR Daily
Austin v Commissioner of Police of the Metropolis [2009] UKHL 5; [2009] WLR (D) 26
“Demonstrators who had been confined within a police cordon for several hours did not suffer a violation of their right to liberty guaranteed by art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998 if the cordon was part of the crowd control measures adopted by the police in order to prevent a breach of public order, and the measures were not arbitrary but were resorted to in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”
WLR Daily, 28th January 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.
Austin v Commissioner of Police of the Metropolis – Times Law Reports
Austin v Commissioner of Police of the Metropolis
House of Lords
“Crowd control measures adopted by police in order to prevent a breach of public order, which resulted in several thousand people being confined within a police cordon for several hours, did not amount to a violation of the right to liberty if the measures were used in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”
The Times, 29th January 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Changing the face of human rights – Ministry of Justice
“Jack Straw has given the keynote speech at the annual conference of the British Institute of Human Rights.”
Ministry of Justice, 28th January 2009
Source: www.justice.gov.uk
Responding to human rights judgments – Ministry of Justice
“Government response to the Joint Committee on Human Rights’ 31st Report of Session 2007-08.”
Ministry of Justice, 27th January 2009
Source: www.justice.gov.uk
R (Wright and others) v Secretary of State for Health and another – WLR Daily
R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3; [2009] WLR (D) 20
“The procedure under s 82(4)(b) of the Care Standards Act 2000 allowing the provisional listing of care workers as being unsuited to work with vulnerable adults after a complaint had been made about them, without giving them an opportunity to answer the allegations, which had the effect of barring them from care work, was incompatible with the right to a fair hearing under art 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and also with the right to private life under art 8(1).”
WLR Daily, 26th January 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.
