Home Office fails to deport foreign drug dealer who has lived in UK for more than 20 years – The Independent

Posted October 6th, 2016 in appeals, deportation, drug offences, human rights, news by sally

‘A convicted drug dealer who turned his life around to become a “diligent student” will not be deported to Sierra Leone after two law lords ruled he would be incapable of settling in his home country.’

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The Independent, 5th October 2016

Source: www.independent.co.uk

“British Troops to be Exempted from Human Rights Law” – UK Human Rights Blog

Posted October 5th, 2016 in armed forces, human rights, news, treaties, war by sally

‘Theresa May vows to end ‘vexatious claims’ against service personnel. In the UK about £100 million has been spent since 2004 dealing with thousands of cases lodged against soldiers who served in Iraq. Many were launched under ECHR laws on rights to life and liberty.’

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UK Human Rights Blog, 4th October 2016

Source: www.ukhumanrightsblog.com

Plan for UK military to opt out of European convention on human rights – The Guardian

Posted October 4th, 2016 in armed forces, human rights, news, treaties, war by sally

‘Controversial plans for the military to opt out from the European convention on human rights (ECHR) during future conflicts will be introduced by ministers, to see off what the prime minister described as an “industry of vexatious claims” against soldiers.’

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The Guardian, 4th October 2016

Source: www.guardian.co.uk

Strasbourg again favouring safety of conviction over cross-examination of witnesses? – UK Human Rights Blog

Posted October 3rd, 2016 in cross-examination, drug trafficking, human rights, news, witnesses by sally

‘In a unanimous decision, the European Court of Human Rights has held that the proceedings that lead to the conviction of an individual for drug trafficking charges were entirely compliant with Article 6, ECHR. Despite the inability to cross-examine a key prosecution witness, the Court considered that in light of the existence of supporting incriminating evidence (amongst other factors) the proceedings as a whole were fair.’

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UK Human Rights Blog, 30th September 2016

Source: www.ukhumanrightsblog.com

No finding of discrimination for British Gurkha pension scheme – UK Human Rights Blog

Posted September 30th, 2016 in Gurkhas, human rights, immigration, news, pensions, race discrimination by sally

‘British Gurkha Welfare Society and others v. The United Kingdom, Application no. 44818/11. The Court has rejected claims that the cut-off scheme for British Gurkha pensions was in violation of Article 14 in conjunction with Article 1 of Protocol 1, but leaves open space for future proceedings.’

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UK Human Rights Blog, 29th September 2016

Source: www.ukhumanrightsblog.com

First the UK deports people, then it denies them justice – The Guardian

Posted September 28th, 2016 in appeals, civil justice, deportation, human rights, immigration, news by sally

‘From Jamaica to Albania, the victims of Britain’s mass deportations are dumped destitute – and, as the Home Office is aware, usually unable to exercise their right to an ‘out-of-country appeal’.’

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The Guardian, 27th September 2016

Source: www.guardian.co.uk

Education Law Changes And How Human Rights Can Keep The Government In Check – RightsInfo

Posted September 27th, 2016 in education, equality, fees, human rights, news, universities by sally

‘The new Secretary of State for Education has recently announced a new government proposal to abolish the ban on opening new grammar schools. This proposal could ultimately be ultimately be challenged in the courts. How could the government make sure it is complying with its human rights obligations in future proposals?’

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RightsInfo, 14th September 2016

Source: www.rightsinfo.org

UK failing on many human rights measures, report claims – The Guardian

Posted September 22nd, 2016 in children, human rights, news, prisons, refugees, reports, stop and search, United Nations by sally

‘The UK has failed to meet many human rights recommendations made by the United Nations and should do more to prevent prison overcrowding, tackle hate crimes and restrict stop and search powers, a coalition of 175 civil society organisations claims.’

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The Guardian, 22nd September 2016

Source: www.guardian.co.uk

The Human Rights Act protects our soldiers – as well as those they protect – The Guardian

Posted September 22nd, 2016 in armed forces, human rights, news, war by sally

‘Tom Tugendhat is wrong. Limiting human rights to our borders will strip soldiers of hard-won protections, and values that distinguish them from the enemy.’

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The Guardian, 21st September 2016

Source: www.guardian.co.uk

How often must we investigate torture? – UK Human Rights Blog

Posted September 21st, 2016 in appeals, armed forces, detention, human rights, Iraq, news, torture, war by sally

‘Al-Saadoon & Ors v. Secretary of State for Defence [2016] EWCA Civ 811, 9 September 2016. This post concerns the extent of any obligations imposed on the UK to investigate violations of non-refoulement (under Article 3, ECHR) and arbitrary deprivation of liberty (Article 5, ECHR). The non-refoulement issue arose from two individuals whom had been captured by British forces in Iraq claimed they were transferred to American custody and subsequently ill-treated. The Article 5 issue arose from the detention by British forces in Iraq of several individuals who claimed to have had their Article 5 rights violated whilst in British custody.’

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UK Human Rights Blog, 20th September 2016

Source: www.ukhumanrightsblog.com

Hard cases need better reasons – UK Human Rights Blog

Posted September 20th, 2016 in appeals, human rights, local government, news, planning by sally

‘R (o.t.a. CPRE Kent) v. Dover District Council [2016] EWCA Civ 936, 14 September 2016. The Court of Appeal has just given us a robust vindication of the importance of giving proper reasons when granting planning permission, by way of a healthy antidote to any suggestion that this is not really needed as part of fairness.’

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UK Human Rights Blog, 16th September 2016

Source: www.ukhumanrightsblog.com

Iraq abuse claims ‘often very poor’ says former DPP – Daily Telegraph

‘Alleged Iraq abuse claims brought against British troops by a leading human rights law firm have often been made up of poor, inaccurate information, a review by a former director of public prosecutions has said. Sir David Calvert-Smith said investigators tasked with wading through hundreds of alleged abuse claims had found key details such as names, dates and times were often wrong.’

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Daily Telegraph, 15th September 2016

Source: www.telegraph.co.uk

MPs slam ‘national scandal’ of FGM- Britain’s hidden crime – The Independent

Posted September 15th, 2016 in child abuse, crime, female genital mutilation, human rights, news, select committees by sally

‘Britain’s failure to protect girls from female genital mutilation (FGM) has been described as a “national scandal” by a committee of MPs, who said it was “beyond belief” that, 30 years since it became illegal, not a single person has been convicted of the crime. They described it as a “hidden crime” and “preventable” child abuse.’

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The Independent, 15th September 2016

Source: www.independent.co.uk

Failed 21/7 London bombers lose court claim – BBC News

Posted September 14th, 2016 in explosives, human rights, news, police, terrorism by sally

‘Three of the 21/7 failed London bombers who said their rights were violated when they were arrested have had their claim rejected by the European Court of Human Rights.’

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BBC News, 13th September 2016

Source: www.bbc.co.uk

European court orders UK to pay convicted terrorist £13,000 over ‘human rights violations’ following London plot – The Independent

Posted September 14th, 2016 in costs, human rights, news, terrorism by sally

‘The British Government has been ordered to pay a convicted terrorist more than £13,000 because his human rights were “violated” during police interviews over a plot to attack London. The European Court of Human Rights (ECHR) ruled that €16,000 (£13,600) of Ismail Abdurahman’s legal costs must be paid at the culmination of a seven-year court battle.’

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The Independent, 13th September 2016

Source: www.independent.co.uk

War remains inside the court room: jurisdiction under ECHR – UK Human Rights Blog

‘This is an extremely important judgment from the Court of Appeal on the reach of the ECHR into war zones, in this case Iraq. The CA, with the only judgment given by Lloyd Jones LJ, disagreed in part with Leggatt J.’

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UK Human Rights Blog, 11th September 2016

Source: www.ukhumanrightsblog.com

War & peace: the importance of applying the rule of law to the military – Halsbury’s Law Exchange

Posted September 12th, 2016 in armed forces, human rights, law firms, news, war by sally

‘The news last month that Public Interest Lawyers, the firm which brought a host of discredited cases alleging abuse by British serviceman in Iraq, is to be wound up has been met with applause by the press and service community. These claims culminated in the Al Sweady Inquiry which considered allegations of war crimes and abuse by British troops in Iraq in 2004. The allegations were found to be “baseless” and claims of torture and murder were “wholly without foundation” and “entirely the product of deliberate lies, reckless speculation and ingrained hostility” from some Iraqi witnesses. It has prompted calls for the suspension of the European Convention on Human Rights (ECHR) on the “battlefield” and a general attack on lawyers meddling or challenging affairs involving “war”. That reaction is understandable; however, it would be an enormous mistake to conclude that the law only interferes with the military doing its job.’

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Halsbury’s Law Exchange, 7th September 2016

Source: www.halsburyslawexchange.co.uk

A democratic defence of the European Court of Human Rights – OUP Blog

Posted September 12th, 2016 in constitutional reform, courts, human rights, news, treaties by sally

‘“Vote leave, take control” was the slogan of almost fiendish simplicity that helped win the Brexit referendum, masking the mendacity and absence of vision that underlay it. The impulses it captures—wresting sovereignty back from remote elites to Westminster, with its proud democratic tradition—echo those that have for years underpinned the opprobrium directed at the European Court of Human Rights in Strasbourg in British public debate.’

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OUP Blog, 12th September 2016

Source: www.blog.oup.com

Fugitive Pole wins battle against extradition after ‘transforming’ his life – Daily Telegraph

Posted September 9th, 2016 in delay, extradition, fugitive offenders, human rights, news, Poland by sally

‘A fugitive from Poland who came to the UK and “transformed” his life has won a High Court battle against extradition for old criminal offences.’

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Daily Telegraph, 8th September 2016

Source: www.telegraph.co.uk

Justice Secretary Liz Truss casts doubt on prison reforms – BBC News

Posted September 8th, 2016 in bills, human rights, news, prisons by sally

‘Justice Secretary Liz Truss has appeared to cast doubt on plans for a sweeping reform of prisons in England and Wales proposed by her predecessor, Michael Gove.’

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BBC News, 7th September 2016

Source: www.bbc.co.uk