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
Citations: 52975/10, [2011] ECHR 1331 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 20 September 2022; Ref: scu.444540
Citations: 12812/87, [1988] ECHR 28 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 August 2022; Ref: scu.427792
The claimant complained that whilst arrested, he had been denied access to a lawyer. Citations: 13081/87, [1988] ECHR 29 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Cadder v Her Majesty’s Advocate SC 26-Oct-2010 Statement without lawyer access was inadmissible The accused complained that he had been convicted … Continue reading Windsor v United Kingdom: ECHR 14 Dec 1988
Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 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
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
ECHR The presumption of innocence would be violated if, without the accused having previously been proved guilty according to law, a judicial decision concerning him reflected an opinion that he was guilty. The burden of proof is on the prosecution and any doubt should benefit the accused. Citations: 10590/83, (1988) 11 EHRR 360, [1988] ECHR … Continue reading Barbera, Messegua, and Jabardo v Spain: ECHR 6 Dec 1988
The applicant had faced charges of hiring someone to kill his wife. He complained about the use of a recording of his telephone conversation with the man he hired recorded unlawfully by that man. Held: The ECHR does not address issues about the admissibility of evidence in the abstract or to deal with them as … Continue reading Schenk v Switzerland: ECHR 12 Jul 1988
A homosexual man complained that the criminalisation of homosexual conduct in Ireland violated his article 8 right to respect for his private life, although he accepted that the risk of being prosecuted was remote. Held: The court accepted that he was a victim. Even an administrative policy of not prosecuting for the offence in question … Continue reading Norris v Ireland: ECHR 26 Oct 1988
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedingsThe requirements identified as flowing from the phrase ‘in accordance with the law’ include this: ‘A norm cannot be regarded as a ‘law’ … Continue reading Olsson v Sweden (No 1): ECHR 24 Mar 1988
The court was asked: ‘(1) Do rights under Article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 (ECHR) survive the making of an adoption order? (2) Did the coming into force in April 2014 of s. 51A Adoption and Children Act 2002 (ACA 2002), which allows the court to make a … Continue reading Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015
The applicant, a minor, complained about his committal to a child psychiatric ward of a state hospital at his mother’s request. The question was whether this was a deprivation of his liberty in violation of article 5. The applicant said that it was, as the ward in which he was placed was a closed ward, … Continue reading Nielsen v Denmark: ECHR 28 Nov 1988
It was a breach of the human rights of a prisoner for a member of the Executive to set his sentencing tariff. That matter had to be decided by a court, or subject to a review by a court. The trial of young children in a very public forum had effectively denied to them any … Continue reading T v United Kingdom (Application 24724/94); V v United Kingdom (Application 24888/94): ECFI 17 Dec 1999
Ratification of the European Convention on Human Rights did not create a justiciable legitimate expectation that the Convention’s provisions would be complied with. Slade LJ said there was no evidence of ‘any relevant express promise or regular practice on the part of the Secretary of State. In default of such promise or practice, however, I … Continue reading Chundawadra v Immigration Appeal Tribunal: CA 1988
The defendant was convicted of threatening a civil servant. His appeal was dealt with without a hearing in the Court of Appeal. The Court confirmed the decision. Held: Though the Court confirmed that if there had been a public hearing at first instance, and the absence of a public hearing before a second or third … Continue reading Ekbatani v Sweden: ECHR 26 May 1988
The Court considered a complaint that Article 10 had been infringed by the applicant’s conviction of an offence of publishing obscene items, consisting of paintings which were said ‘mostly to offend the sense of sexual propriety of persons of ordinary sensitivity’. Held: There was no breach of Article 10 ‘Artists and those who promote their … Continue reading Muller And Others v Switzerland: ECHR 24 May 1988
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, … Continue reading Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001
Hudoc Violation of Art. 6-1; Violation of Art. 8; Just satisfaction reserved Hudoc Judgment (Just satisfaction) Costs and expenses – struck out of the list (friendly settlement); Non-pecuniary damage – financial awardArticle 8 was infringed by delay in the conduct of access and adoption proceedings because the proceedings ‘lay within an area in which procedural … Continue reading H v The United Kingdom: ECHR 9 Jun 1988
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section 74288/14, [2021] ECHR 823 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 04 December 2021; Ref: scu.668680
Each applicant sought an interim order against the Scottish Minister with respect to their treatment in prison. It had been found that the conditions in Barlinnie Prison were inhumane. The Crown responded that the court had no jurisdiction to make such an order. Held: McDonald is binding on the court. An interim order could not … Continue reading Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions: SCS 26 Oct 2001
The Court was asked as to the recall to prison of a prisoner who had been released on licence. His recall and subsequent detention were considered by the Board, but under the system then in place it could only make a non-binding recommendation. Recommendations for release had not been acted upon. When the applicant was … Continue reading Weeks v The United Kingdom: ECHR 5 Oct 1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
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
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Costs and expenses award – Convention proceedings
The first applicant had been convicted and sentenced for murder and subsequent acts of . .
It is the duty of member states to take reasonable and appropriate measures to enable lawful demonstrations to proceed peacefully. . .
A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
Hudoc Judgment (Just satisfaction) Costs and expenses – struck out of the list (friendly settlement); Non-pecuniary damage – financial award . .
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The applicant had been refused leave to remain as a Tier 2 (General) Migrant at a time even though he was only two months short of the five years’ continuous residence necessary to support a case for indefinite leave to remain under the rules. He argued that, in assessing whether his removal should be permitted … Continue reading Miah and Others v Secretary of State for The Home Department: CA 7 Mar 2012
(Comission) A child asserted her right to live where she pleased. Held: The state has an obligation to provide for its children to live with their parents in normal circumstances: ‘As a general proposition, and in the absence of any special circumstances, the obligation of children to reside with their parents and to be otherwise … Continue reading X v Netherlands: ECHR 1974
The claimants sought an injunction to prevent the defendants publishing any information about their private sexual and other conduct. Held; The defendants had originally threatened publication before a previous order by consent, they had failed to confirm their intention later to abide by it, and therefore the first two claimants were entitled to the permanent … Continue reading P and others v Quigley: QBD 16 May 2008
The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or non-consensual had taken place. Held: The taking of the statements was a course of conduct and was plainly … Continue reading KD v Chief Constable of Hampshire: QBD 23 Nov 2005
The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so far as it failed to recognise same sex marriages. She now sought … Continue reading Wilkinson v Kitzinger and Another: FD 12 Apr 2006
The English mother and a New Zealander returned to New Zealand with her son, and their own daughter was born there. The mother and children returned to England for a holiday but when the son said he did not wish to return, the mother decided to stay here. The father sought the return of his … Continue reading S v B and Y (A Minor): FD 4 May 2005
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 32088/11, [2022] ECHR 980 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 December 2022; Ref: scu.682593
The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal was to delay removal. Held: The correct approach was to to treat it … Continue reading Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 16 Sep 2003
Citations: 46881/06, [2010] ECHR 1565 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 December 2022; Ref: scu.425436
(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001
(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with … Continue reading Dublin City Council v Gallagher: 11 Nov 2008
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994
ECHR Judgment : Prohibition of torture : Fifth Section Committee Citations: 5276/13, [2020] ECHR 388 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651334
ECHR Judgment : Right to life : First Section Committee Citations: 50988/13, [2020] ECHR 403 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651309
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 1907/16, [2022] ECHR 988 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.682647
Citations: 8855/08 – Committee Judgment, [2013] ECHR 409 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 December 2022; Ref: scu.491931
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section Citations: 58364/10, [2020] ECHR 359 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650988
ECHR Judgment : Right to life : Fifth Section Citations: 43881/10, [2020] ECHR 308 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651046
ECHR Judgment : Protection of property : Fourth Section Citations: 36093/13, [2020] ECHR 288 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.650977
Citations: 33954/05 – Chamber Judgment, [2013] ECHR 1207 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.518834
ECHR Article 3 Positive obligations State’s failure to protect demonstrators from homophobic violence: violation Article 14 Discrimination State’s failure to investigate homophobic motives behind violence during demonstration: violation Facts – The applicants were a non-governmental organisation set up to promote and protect the rights of LGBT people in Georgia, and 14 individuals. On 17 May … Continue reading Identoba And Others v Georgia: ECHR 12 May 2015
The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells with smokers, suffering second hand inhalation. He suffered health problems. Judges: Singh J … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication. Held: To claim facts in aid of a defence of fair comment, it would make no sense if those facts were not known … Continue reading Lowe v Associated Newspapers Ltd: QBD 28 Feb 2006
The applicants’ young child had been suspected of being the victim of physical abuse. After court proceedings the child was removed. In later proceedings and after being placed with an aunt, she was diagnosed as having brittle bone disease. In the meantime, the mother had suffered ostracism in her community. The court had found her … Continue reading RK and AK v The United Kingdom: ECHR 18 Oct 2005
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Degrading treatment Substantive aspect Violation of Article 5 ECHR Judgment : Struck out of the list : Third Section Committee Citations: 48826/08, [2017] ECHR 579, [2020] ECHR 263 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human … Continue reading Maznev And Others v Russia: ECHR 22 Jun 2017
ECHR Judgment : Violation of Article 9 – Freedom of thought, conscience and religion Article 9-1 – Freedom of religion Non-pecuniary damage Citations: 58088/08, [2017] ECHR 568 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607685
ECHR Judgment : Violation of Article 8 – Right to respect for private and family life Article 8-1 – Respect for family life Citations: 41887/09, [2017] ECHR 495 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607649
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
Citations: 18831/02, [2006] ECHR 1006 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.246880
A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the mother’s religious practices and was discriminatory; although the protection of the children was a legitimate aim, there was, in the view of the Strasbourg court, no … Continue reading Palau Martinez v France: ECHR 16 Dec 2003
The appellant had been convicted of causing death by careless driving with excess alcohol. He said that he had taken alcohol after stopping driving but before being tested. He challenged the weight of the burden of proof ascribed by the statute. The judge had directed the jury that he faced a persuasive burden of establishing … Continue reading Drummond v Regina: CACD 7 Mar 2002
Citations: 43065/04, [2006] ECHR 1019 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 November 2022; Ref: scu.246881
The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission. Held: The appeals failed. The court had diplomatic notes from the US government guaranteeing trial before an ordinary court, and that they would not be designated … Continue reading Ahmad and Aswat v United States of America: Admn 30 Nov 2006
ECHR Judgment : Remainder inadmissible : Third Section Citations: 14988/09, [2018] ECHR 969 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631177
Citations: 18825/02, [2010] ECHR 1292 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.424135
Citations: 28870/05, [2010] ECHR 933 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.418498
ECHR Judgment : Article 6 – Right to a fair trial : First Section Committee Citations: 42588/10, [2020] ECHR 235 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649779
ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 35888/11, [2020] ECHR 238 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649784
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Second Section Committee Citations: 55887/07, [2020] ECHR 226 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649736
ECHR Judgment – Right to a fair trial : First Section Committee Citations: 28841/03, [2020] ECHR 262 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649732
ECHR Judgment : Right to respect for private and family life : Third Section Citations: 68868/14, [2020] ECHR 174 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649706
ECHR Judgment : Freedom of expression-{general} : Fifth Section Citations: 52884/09, [2020] ECHR 160 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649690
ECHR Judgment : Right to respect for private and family life : Fifth Section Committee Citations: 76251/11, [2020] ECHR 188 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649651
ECHR Judgment : Right to a fair trial : Third Section Committee Citations: 58821/08, [2020] ECHR 216 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649746
ECHR Judgment : Right to a fair trial : Fifth Section Citations: 54991/10, [2020] ECHR 282 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649788
ECHR Judgment – Right to a fair trial : First Section Committee Citations: 24888/03, [2020] ECHR 261 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649759
ECHR Judgment : Right to liberty and security : Fifth Section Committee Citations: 7220/19, [2020] ECHR 172 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649688
Citations: 71386/10 – Chamber Judgment, [2013] ECHR 375 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 17 November 2022; Ref: scu.472988
Citations: 13088/09 – HEJUD, [2013] ECHR 260 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472474
Citations: 21880/03 – HEJUD, [2013] ECHR 254 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472471
ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013
Citations: 72211/01, [2005] ECHR 88 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.277213
The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life. Held: The court had to balance the public revulsion at his crimes with the need for compassion. The … Continue reading N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 34882/12, [2020] ECHR 209 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.649741
Citations: 43888/08 – HEJUD, [2013] ECHR 233 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471897
The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 29826/15, [2018] ECHR 989 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.631288
(Execution of Judgment) Record of satisfaction of judgment against it by the respondent. Judges: L Wildhaber P Citations: [2010] ECHR 2241 Links: Bailii Statutes: European Convention on Human Rights 3 Citing: See Also – Ramirez Sanchez v France ECHR 27-Jan-2005 The applicant complained that he had been held in solitary confinement for a period of … Continue reading Ramirez Sanchez v France: ECHR 2 Dec 2010
(Grand Chamber) The applicant, a prisoner serving a long sentence for Mafia-type criminal offences, was subjected to a special regime by ministerial decrees. The restrictions included not only very limited family visits but also a long period (seemingly about three years) in a special form of high-security unit which involved separation from prisoners in other … Continue reading Enea v Italy: ECHR 17 Sep 2009
Citations: 1727/04, [2010] ECHR 988 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.418555
Citations: 48874/06, [2011] ECHR 248 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.428631
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 2113/20, [2022] ECHR 881 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 November 2022; Ref: scu.681650
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 2102/20, [2022] ECHR 880 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681688
Citations: 52888/08, 4995/09, 61143/08 – HEJUD, [2012] ECHR 2054, 5068/09, 5141/09, 58528/08, 59194/08, 60462/08, 60473/08, 60628/08, 610/09, 61116/08, 61131/08, 61139/08 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.467015
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000
The claimant sought judicial review of the refusal by the Police Service of Northern Ireland to remove records of his fingerprint, a photograph and DNA sample and profiles which had been collected when he was stopped on suspicion of driving wih excess alcohol. Though later convicted, he said that the retention of these items was … Continue reading Gaughran, Re Judicial Review: QBNI 13 Nov 2012
UTIAC Prior to the new immigration rules (HC 194) introduced on 9 July 2012, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights.The … Continue reading MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012