Search Results for: European Convention on Human Rights 5-1

Click the case name for better results:

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Blackstock v The United Kingdom: ECHR 21 Jun 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-4; Violation of Art. 5-5; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.The claimant was a prisoner serving a life sentence. He complained that the delays in considering the move towards his being detained in more open conditions, and the … Continue reading Blackstock v The United Kingdom: ECHR 21 Jun 2005

Gallardo Sanchez v Italy: ECHR 24 Mar 2015

ECHR Article 5-1-f Extradition Undue delays in extraditing applicant to stand trial in requesting State: violation Facts – The applicant is a Venezuelan national. In April 2005, having been charged with arson by the Greek authorities, he was placed in detention pending extradition by the Italian police pursuant to an arrest warrant issued under the … Continue reading Gallardo Sanchez v Italy: ECHR 24 Mar 2015

Austin and Others v The United Kingdom: ECHR 15 Mar 2012

Grand Chamber – The applicants complained that their restriction within a police cordon (a measure known as ‘kettling’) for up to seven hours during the course of a demonstration in central London amounted to a deprivation of their liberty in breach of Article 5-1 of the Convention. Held: Public order containment for several hours did … Continue reading Austin and Others v The United Kingdom: ECHR 15 Mar 2012

MS v Croatia (No 2): ECHR 19 Feb 2015

Article 5-1-e Persons of unsound mind Lack of effective legal representation in proceedings concerning applicant’s confinement in a psychiatric hospital: violation Article 3 Degrading treatment Inhuman treatment Effective investigation Unnecessary physical restraint for fifteen hours in psychiatric hospital and lack of investigation into alleged ill-treatment: violation Facts – In 2012 the applicant went to a … Continue reading MS v Croatia (No 2): ECHR 19 Feb 2015

Gothlin v Sweden: ECHR 16 Oct 2014

Article 5-1-b Secure fulfilment of obligation prescribed by law Detention for refusing to comply with order to reveal whereabouts of property attached to secure payment of tax debts: no violation Facts – The applicant was detained for a period of 42 days after refusing to comply with an injunction issued by an Enforcement Authority requiring … Continue reading Gothlin v Sweden: ECHR 16 Oct 2014

Sik v Turkey: ECHR 8 Jul 2014

ECHR The applicant, relying in particular on Article 5-1, 2, 3 and 4 and Article 10 of the Convention, complained of the criminal proceedings against him and his custody and pre-trial detention conducted as part of these proceedings. Guido Raimondi, P 53413/11 – Chamber Judgment, [2014] ECHR 725 Bailii European Convention on Human Rights 5-1 … Continue reading Sik v Turkey: ECHR 8 Jul 2014

Blokhin v Russia: ECHR 14 Nov 2013

ECHR Article 5-1 Deprivation of liberty Thirty-day placement of minor in detention centre for young offenders to ‘correct his behaviour’: violation Article 5-1-d Educational supervision Thirty-day placement of minor in detention centre for young offenders to ‘correct his behaviour’: violation Article 6 Criminal proceedings Article 6-1 Criminal charge Determination (criminal) Proceedings leading to minor’s placement … Continue reading Blokhin v Russia: ECHR 14 Nov 2013

Petukhova v Russia: ECHR 2 May 2013

Citations: 28796/07 – Chamber Judgment, [2013] ECHR 400 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Petukhova v Russia (Legal Summary) ECHR 2-May-2013 ECHR Article 5-1-bLawful order of a courtDetention in police station of person required by unlawfully issued court order to undergo psychiatric examination: violationFacts – In … Continue reading Petukhova v Russia: ECHR 2 May 2013

Tymoshenko v Ukraine: ECHR 30 Apr 2013

Citations: 49872/11 – Chamber Judgment, [2013] ECHR 389 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Tymoshenko v Ukraine ECHR 31-May-2012 . . See Also – Tymoshenko v Ukraine ECHR 3-Jul-2012 . . Legal Summary – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013 ECHR Article 5-1 Lawful arrest … Continue reading Tymoshenko v Ukraine: ECHR 30 Apr 2013

B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006

The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006

Legillon v France: ECHR 10 Jan 2013

ECHR Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Agnelet v. France, no. 61198/08, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for … Continue reading Legillon v France: ECHR 10 Jan 2013

Agnelet v France: ECHR 10 Jan 2013

Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Legillon v. France, no. 53406/10, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for murder. … Continue reading Agnelet v France: ECHR 10 Jan 2013

SR v The Netherlands (Dec): ECHR 18 Sep 2012

ECHR Article 5 Article 5-4 Review of lawfulness of detention Supreme Court decision declaring appeal inadmissible but nevertheless addressing the merits: inadmissible Article 5-1-e Persons of unsound mind Court order for admission to psychiatric hospital for observation owing to concerns about applicant’s mental state: inadmissible Facts – In July 2006 a public prosecutor submitted a … Continue reading SR v The Netherlands (Dec): ECHR 18 Sep 2012

X v Finland: ECHR 3 Jul 2012

ECHR Article 8-1 Respect for private life Forced administration of therapeutic drugs in mental institution: violation Article 5 Article 5-1-e Persons of unsound mind Forced confinement in a mental institution: violationFacts – The applicant, a paediatrician, was arrested in October 2004 in connection with criminal proceedings that had been brought against her after she allegedly … Continue reading X v Finland: ECHR 3 Jul 2012

Aneva and Others v Bulgaria: ECHR 6 Apr 2017

Judgment : Remainder inadmissible Violation of Article 8 – Right to respect for private and family life (Article 8 – Positive obligation.) – Judgment : Preliminary objection joined to merits and dismissed (Article 35-1 – Exhaustion of domestic remedies) Violation of Article 8 Citations: 66997/13, [2017] ECHR 334 Links: Bailii Statutes: European Convention on Human … Continue reading Aneva and Others v Bulgaria: ECHR 6 Apr 2017

Radu v Germany: ECHR 3 Jul 2012

Citations: 20084/07 (Communicated Case), [2012] ECHR 1230 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Radu v Germany (Legal Summary) ECHR 16-May-2013 ECHR Article 5-1-aAfter convictionApplicant’s continued placement in psychiatric hospital after expiry of his prison term: no violationFacts – In 1995 the applicant was convicted of … Continue reading Radu v Germany: ECHR 3 Jul 2012

Tymoshenko v Ukraine: ECHR 31 May 2012

Citations: 49872/11 (Communicated Case), [2012] ECHR 1160 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Tymoshenko v Ukraine ECHR 3-Jul-2012 . .See Also – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013 ECHR Article 5-1 Lawful arrest or detention Pre-trial detention for allegedly contemptuous behaviour to trial court: … Continue reading Tymoshenko v Ukraine: ECHR 31 May 2012

Regina v Lichniak: HL 25 Nov 2002

The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002

James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

ECHR Article 5-1 Deprivation of liberty Failure to provide the rehabilitative courses to prisoners which were necessary for their release: violation Facts – By virtue of section 225 of the Criminal Justice Act 2003, indeterminate sentences for the public protection were introduced. Like sentences of life imprisonment, these required the direction of the Parole Board … Continue reading James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

K-F v Germany: ECHR 27 Nov 1997

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 5-1-c; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings Citations: 25629/94, [1997] ECHR 97 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 October 2022; Ref: scu.263137

Bouamar v Belgium: ECHR 27 Jun 1988

Judges: Mr R Ryssdal, P Citations: [1988] ECHR 16 Links: Bailii Statutes: European Convention on Human Rights 5 Jurisdiction: England and Wales Citing: See Also – Bouamar v Belgium ECHR 29-Feb-1988 Hudoc Violation of Art. 5-1; Violation of Art. 5-4; Just satisfaction reserved; Judgment (Just satisfaction) Struck out of the list (friendly settlement)A person detained … Continue reading Bouamar v Belgium: ECHR 27 Jun 1988

Dougoz v Greece: ECHR 6 Mar 2001

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Violation of Art. 5-1; Violation of Art. 5-4; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award.When assessing conditions of detention, account has to be taken of the cumulative effects of those conditions, as well as the specific allegations … Continue reading Dougoz v Greece: ECHR 6 Mar 2001

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

James, Wells And Lee v The United Kingdom: ECHR 20 Dec 2010

Citations: 25119/09, [2010] ECHR 2219 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – James, Wells and Lee v The United Kingdom ECHR 18-Sep-2012 ECHR Article 5-1 Deprivation of liberty Failure to provide the rehabilitative courses to prisoners which were necessary for their release: violation Facts – By virtue of section … Continue reading James, Wells And Lee v The United Kingdom: ECHR 20 Dec 2010

Goryunkov And Others v Russia: ECHR 21 Jul 2022

ECHR Judgment – Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Violation of Article 6 – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 Citations: 40408/18, [2022] ECHR 602 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights … Continue reading Goryunkov And Others v Russia: ECHR 21 Jul 2022

Gillberg v Sweden: ECHR 2 Nov 2010

The applicant, professor in adolescent psychiatry had collected assorted data after having given undertakings to the parents of the children as to its absolute privacy. A sociologist had applied for and been given authority for its release by the Swedish Courts. The applicant had been refused a right tp participate in the court proceedings, and … Continue reading Gillberg v Sweden: ECHR 2 Nov 2010

Juncal v The United Kingdom (Dec): ECHR 17 Sep 2013

Article 5-1-e Persons of unsound mind Order for psychiatric confinement made as a result of finding of unfitness to plead: inadmissible Facts – In December 1997 the applicant was brought before the Crown Court on a charge of unlawful wounding. He claimed he had been acting in self-defence. However, after hearing psychiatric evidence that had … Continue reading Juncal v The United Kingdom (Dec): ECHR 17 Sep 2013

Juncal v The United Kingdom: ECHR 17 Sep 2013

Citations: 32357/09 – Admissibility Decision, [2013] ECHR 1157 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Juncal v The United Kingdom (Dec) ECHR 17-Sep-2013 Article 5-1-e Persons of unsound mind Order for psychiatric confinement made as a result of finding of unfitness to plead: inadmissible Facts – … Continue reading Juncal v The United Kingdom: ECHR 17 Sep 2013

Ngendakumana v The Netherlands (Dec): ECHR 5 Feb 2013

ECHR Article 35-1Six month periodSubmission of an application form signed by proxy by a person unknown: inadmissibleFacts – The applicant, a Burundian national, complained of a refusal by the Netherlands authorities to grant him asylum. The final domestic ruling was sent to him on 24 August 2010. On 23 February 2011 the applicant’s representative sent … Continue reading Ngendakumana v The Netherlands (Dec): ECHR 5 Feb 2013

Abdulrahman v The Netherlands (Dec): ECHR 5 Feb 2013

ECHR Article 35-1Six month periodSubmission of original application form outside eight weeks allowed by Practice Direction on the Institution of Proceedings: inadmissibleFacts – The applicant, an Iraqi national, complained of a refusal by the Netherlands authorities to grant him a residence permit. The final domestic ruling in respect of his first request for such a … Continue reading Abdulrahman v The Netherlands (Dec): ECHR 5 Feb 2013

Treial v Estonia (Dec): ECHR 28 Jan 2014

ECHR Article 35-1 – Exhaustion of domestic remedies Effective domestic remedy Claim for compensation before the administrative courts in respect of complaint concerning length of civil proceedings: effective remedy Facts – In his application to the European Court, the applicant complained of the length of domestic civil proceedings to which he had been a party. … Continue reading Treial v Estonia (Dec): ECHR 28 Jan 2014

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Sokolov And Others v Serbia (Dec): ECHR 14 Jan 2014

Article 35-1 Six month period Failure to lodge timely application concerning failure of insolvent State entity to pay judgment debt: inadmissible Facts – Between 2003 and 2005 the applicants obtained final court orders against their former employer, a ‘socially/State-owned’ company, requiring it to pay them salary arrears and social security reimbursements. In 2005 insolvency proceedings … Continue reading Sokolov And Others v Serbia (Dec): ECHR 14 Jan 2014

Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006

JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She asserted that his retention in care was an unlawful detention. Judges: Munby … Continue reading Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006

Smirnova v Russia: ECHR 24 Jul 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1+5-3 ; Violation of Art. 6-1 ; Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award Citations: 46133/99, [2003] ECHR 397, 48183/99 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human … Continue reading Smirnova v Russia: ECHR 24 Jul 2003

Brogan and Others v United Kingdom (Article 50): ECHR 30 May 1989

ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient. Citations: [1989] ECHR 9, 11234/84, 11209/84, 11266/84 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Brogan and Others v The United Kingdom ECHR 29-Nov-1988 ECHR Judgment (Merits) – Violation of Art. 5-3; Violation of Art. … Continue reading Brogan and Others v United Kingdom (Article 50): ECHR 30 May 1989

Brogan and Others v The United Kingdom: ECHR 29 Nov 1988

ECHR Judgment (Merits) – Violation of Art. 5-3; Violation of Art. 5-5; No violation of Art. 5-1; No violation of Art. 5-4; Not necessary to examine Art. 13; Just satisfaction reserved.The four applicants were arrested and detained under prevention of terrorism legislation on suspicion of being concerned in the commission, preparation or instigation of acts … Continue reading Brogan and Others v The United Kingdom: ECHR 29 Nov 1988

Jecius v Lithuania: ECHR 31 Jul 2000

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (six month period); Violation of Art. 5-1 as regards the applicantThe applicant complained of violation of his article 5 rights in successive periods of detention. The first period of five weeks was under a broad provision of the criminal code which permitted preventive detention in connection … Continue reading Jecius v Lithuania: ECHR 31 Jul 2000

Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005

The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005

Beet And Others v The United Kingdom: ECHR 1 Mar 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-1 with regard to one applicant; Violation of Art. 5-5 with regard to one applicant; Violation of Art. 6-1+6-3-c with regard to four applicants; Non-pecuniary damage – financial award (with regard to one applicant); Non-pecuniary damage – finding of violation sufficient (with regard to four … Continue reading Beet And Others v The United Kingdom: ECHR 1 Mar 2005

Lloyd And Others v The United Kingdom: ECHR 1 Mar 2005

Magistrates had committed the applicants to prison in their absence for non-payment of local taxes and fines. Held: The proceedings infringed the claimants’ human rights in that they had been found guilty of wilful refusal or culpable neglect without having had an appropriate opportunity to respond. Legal aid had not been available for the proceedings … Continue reading Lloyd And Others v The United Kingdom: ECHR 1 Mar 2005

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

Labita v Italy: ECHR 6 Apr 2000

Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3 with regard to alleged ill-treatment; Violation of Art. 3 with regard to lack of effective investigation; No violation of Art. 3 with regard to conditions of transfer; Violation of Art. 5-3; Violation of Art. 5-1; Violation of Art. 8; Not necessary to examine Art. … Continue reading Labita v Italy: ECHR 6 Apr 2000

Witold Litwa v Poland: ECHR 4 Apr 2000

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedingsA conclusion that a mental disorder is of such a kind or degree as to warrant compulsory confinement can only be justified if other, less severe measures, have … Continue reading Witold Litwa v Poland: ECHR 4 Apr 2000

Amuur v France: ECHR 25 Jun 1996

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 5-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings‘In order to determine whether someone has been ‘deprived of his liberty’ within the meaning of Article 5, the … Continue reading Amuur v France: ECHR 25 Jun 1996

Vilvarajah and Others v The United Kingdom: ECHR 30 Oct 1991

Five Tamils were refused asylum in the UK and returned to Sri Lanka but then continued to suffer ill-treatment. Their complaints to Strasbourg were rejected under both Articles 3 and 13, but with regard to Article 3, it held: ‘108. The court’s examination of the existence of a risk of ill-treatment in breach of Article … Continue reading Vilvarajah and Others v The United Kingdom: ECHR 30 Oct 1991

Fox, Campbell and Hartley v The United Kingdom: ECHR 30 Aug 1990

The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and detention which is laid down in Article 5(1)(c). The court agrees with the Commission and … Continue reading Fox, Campbell and Hartley v The United Kingdom: ECHR 30 Aug 1990

Monnell And Morris v The United Kingdom: ECHR 2 Mar 1987

ECHR No violation of Art. 5-1; No violation of Art. 6-1; No violation of Art. 6-3-c; No violation of Art. 14+5; No violation of Art. 14+6The applicants had unsuccessfully sought leave to appeal against conviction and sentence. The Court of Appeal dismissed their applications at a hearing at which, in accordance with the normal procedure, … Continue reading Monnell And Morris v The United Kingdom: ECHR 2 Mar 1987

Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

Unison v United Kingdom: ECHR 2002

(Third Chamber) The freedom of association under Article 11 of the ECHR did not include a right for a union to require ‘that an employer enter into or remain in any collective bargaining arrangement’.‘The Court recalls that, while Article 11 paragraph 1 includes trade union freedom as a specific aspect of freedom of association, this … Continue reading Unison v United Kingdom: ECHR 2002

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

In re D (A Child): SC 26 Sep 2019

D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, and whether his parents could give consent for it. Held: (LL Carnwath and Lloyd-Jones … Continue reading In re D (A Child): SC 26 Sep 2019

P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014

Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014

Joannou v Turkey: ECHR 12 Dec 2017

ECHR Judgment : Preliminary objection joined to merits and dismissed Art. 35 Admissibility criteria Art. 35-1 Exhaustion of domestic reme… Citations: 53240/14, [2017] ECHR 1133 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608193

Staszuk v Ukraine: ECHR 5 Oct 2017

ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Violation of Article 5 – Ri… Citations: 70840/10, [2017] ECHR 832 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.608012

Nd And Nt v Spain: ECHR 3 Oct 2017

ECHR Judgment : Preliminary objection dismissed Article 34 – Victim Preliminary objection dismissed Article 35-1 – Exhaustion of domestic … ECHR Judgment : Exhaustion of domestic remedies : Grand Chamber Citations: 8675/15, [2017] ECHR 826, [2020] ECHR 142 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April … Continue reading Nd And Nt v Spain: ECHR 3 Oct 2017

Dickmann And Gion v Romania: ECHR 24 Oct 2017

ECHR Judgment : Preliminary objection dismissed Art. 35 Admissibility criteria Art. 35-1 Exhaustion of domestic remedies Remainder inadmi… ECHR Judgment : Damage – claim dismissed : Fourth Section Citations: 10346/03, [2017] ECHR 929, [2018] ECHR 677 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: … Continue reading Dickmann And Gion v Romania: ECHR 24 Oct 2017

Achim v Romania: ECHR 24 Oct 2017

ECHR Judgment : Remainder inadmissible Art. 35 Admissibility criteria Art. 35-1 Exhaustion of domestic remedies No violation of Article 8… Citations: 45959/11, [2017] ECHR 942 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607895

Bozza v Italy: ECHR 14 Sep 2017

ECHR Judgment : Preliminary objection dismissed Article 34 – Victim Preliminary objection joined to merits and dismissed Article 35-1 – Si… Citations: 17739/09, [2017] ECHR 779 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607853

Khaldarov v Turkey: ECHR 5 Sep 2017

ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Article 5-2 – Information on… Citations: 23619/11, [2017] ECHR 757 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607865

Dj v Germany: ECHR 7 Sep 2017

ECHR Judgment : No violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Citations: 45953/10, [2017] ECHR 762 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607857

Yakovenko v Russia: ECHR 25 Jul 2017

ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Violation of Article 5 – Ri… Citations: 48528/09, [2017] ECHR 724 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607839

Lorenz v Austria: ECHR 20 Jul 2017

ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Violation of Article 5 – Ri… Citations: 11537/11, [2017] ECHR 697 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607784

Becht v Germany: ECHR 6 Jul 2017

ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Deprivation of liberty Violation of Article 7 – No pun… Citations: 79457/13, [2017] ECHR 644 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607746

Volkova v Russia: ECHR 13 Jun 2017

ECHR Judgment : Violation of Article 5 – Right to liberty and security Article 5-1 – Lawful arrest or detention Violation of Article 5 – Ri… Citations: 56360/07, [2017] ECHR 543 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607726

Wrona v Poland: ECHR 15 Jun 2017

ECHR Judgment : No violation of Article 5 – Right to liberty and security Article 5-1-c – Reasonably necessary to prevent fleeing No violat… Citations: 74568/11, [2017] ECHR 565 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607728

Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005

The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005

Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008

The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an order returning him to Sierra Leone would impinge on their right to family … Continue reading Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008

Stafford v The United Kingdom: ECHR 28 May 2002

Grand Chamber – The appellant claimed damages for being held in prison beyond the term of his sentence. Having been released on licence from a life sentence for murder, he was re-sentenced for a cheque fraud. He was not released after the end of the sentence he served for that offence. He said there was … Continue reading Stafford v The United Kingdom: ECHR 28 May 2002

Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018

Extended Determinate Sentence created Other Status The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that this was discriminatory. Held: The … Continue reading Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018

Tymoshenko v Ukraine: ECHR 3 Jul 2012

[2012] ECHR 1200 Bailii European Convention on Human Rights Human Rights Citing: See Also – Tymoshenko v Ukraine ECHR 31-May-2012 . . Cited by: See Also – Tymoshenko v Ukraine (Legal Summary) ECHR 30-Apr-2013 ECHR Article 5-1 Lawful arrest or detention Pre-trial detention for allegedly contemptuous behaviour to trial court: violation Article 18 Restrictions for … Continue reading Tymoshenko v Ukraine: ECHR 3 Jul 2012

Roberts v Parole Board: HL 7 Jul 2005

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

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004