Where a parole board took two years to consider the applicant’s parole, this was unreasonable, and a breach of the Article 5.4 requirement to deal with such matters speedily. Accordingly the continued detention of the applicant became unlawful. The provisions apply not only to original proceedings, but also to statutory automatic reviews of detention. No … Continue reading Oldham v The United Kingdom: ECHR 26 Sep 2000
The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013
Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
