The applicant complained under Article 8 that the Swiss authorities had not renewed his residence permit, after which he had been separated from his wife, a Swiss citizen and who could not be expected to follow him to Algeria. Switzerland argued that his conviction for an offence of violence was sufficient justification for interfering with … Continue reading Boultif v Switzerland: ECHR 2 Aug 2001
Having been convicted of drug trafficking, an application was made for a confiscation under the 1994 Act. On the civil balance of proof, and applying the assumptions under the Act, an order was made. The applicant claimed that his article 6 rights had been infringed. The respondent government said the application for an order was … Continue reading Phillips v United Kingdom: ECHR 5 Jul 2001
Blood Tests were admissible in Peerage claims. A right of peerage is not a possession. Citations: Times 28-Mar-1997 Statutes: Convention for the Protection of Human Rights and Fundamental Freedoms 1953 (1953 Cmd 8969) Human Rights, Constitutional Updated: 18 May 2022; Ref: scu.78239
An asylum seeker had been wrongly accused of riot and sought to sue for damages for malicious prosecution. The Home Secretary, a possible defendant in that action decided to expel the failed asylum seeker. Held: Such an action was in breach of the principle of equality of arms enshrined in the treaty, and deprived the … Continue reading Regina v Secretary of State for the Home Department Ex Parte Quaquah: QBD 20 Jan 2000
The European Union has no power to accede to the Human Rights Convention. Citations: Times 16-Apr-1996 Statutes: Convention for the Protection of Human Rights and Fundamental Freedoms 1953 (1953 Cmd 8969) Human Rights, European Updated: 09 April 2022; Ref: scu.84467
The applicants’ baby had died shortly after birth in 1987. They complained about the medical care. The complaint was not investigated speedily by the authority, resulting in a criminal complaint becoming time barred after a conviction in 1994 was set aside. Held: The state is required to seek to protect a person from death as … Continue reading Calvelli and Ciglio v Italy: ECHR 17 Jan 2002
