Judges: Ineta Ziemele, P Citations: 63339/12 – Admissibility Decision, [2014] ECHR 340, 14876/12 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – IR and GT v The United Kingdom (Dec) ECHR 28-Jan-2014 ECHR Article 8 Expulsion Exclusion orders based on undisclosed national security grounds: inadmissible Facts – The case … Continue reading IR and GT v The United Kingdom: ECHR 28 Jan 2014
Article 1 Jurisdiction of states Absence of territorial jurisdiction in respect of immigrant applicant who had voluntarily returned to his country of origin Facts – The applicant, a Pakistani national, came to the United Kingdom in 2006 on a student visa. In 2009 he and four other Pakistani nationals were arrested on suspicion of conspiracy … Continue reading Khan v The United Kingdom (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
MH sought the reduction of a decision of the Secretary of State for the Home Department to refuse his claim under Article 8 of the Convention for leave to remain in the United Kingdom. Judges: Beckett QC J Citations: [2011] ScotCS CSOH – 143 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: Scotland … Continue reading MH v The Secretary of State for The Home Department: SCS 30 Aug 2011
(Grand Chamber) The applicant came lawfully to Austria when 6. He committed a large number of offences when he was 14 and 15, and had been sentenced to imprisonment. He complained of a later decision to deport him. Held: The court said: ‘ The Court would stress that while the criteria which emerge from its … Continue reading Maslov v Austria: ECHR 23 Jun 2008
The applicants were subject to control orders. They were ‘light touch’, not involving a deprivation of liberty. Judges: Collins J Citations: [2009] EWHC 2927 (Admin), [2010] 1 WLR 1542, [2010] UKHRR 344 Links: Bailii Statutes: European Convention on Human Rights 6 Cited by: Cited – King, Regina (on The Application of) v Secretary of State … Continue reading Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015
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
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed her a positive obligation to protect life under Article 2. Held: The claimants’ appeal succeeded. The … Continue reading Rabone and Another v Pennine Care NHS Foundation: SC 8 Feb 2012
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986
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
Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003
ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 64251/16, [2022] ECHR 532 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678932
ECHR Judgment (Just Satisfaction) – Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 14992/89, [1993] ECHR 51, 12325/86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: … Continue reading Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
The case of Hariri had set too high the threshold for the level of threat which would need to apply as to the propriety of returning an asylum applicant to his home country. The correct test is that the applicant need show a ‘real risk’ of har. This is a lower standard than one of … Continue reading Zorig Batayav v the Secretary of State for the Home Department: CA 5 Nov 2003
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedings‘the right to a court would be illusory if a Contracting State’s domestic legal system allowed a final, binding judicial decision to remain inoperative to … Continue reading Immobiliare Saffi v Italy: ECHR 28 Jul 1999
Citations: 42542/04, [2008] ECHR 361 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.267315
Citations: 29612/09, [2009] ECHR 1899 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 August 2022; Ref: scu.381450
Citations: 50365/08, [2009] ECHR 1720 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.381348
Citations: 3583/06, [2009] ECHR 1888 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 August 2022; Ref: scu.381358
The court considered the obligations of the prosecution on disclosure. The courts must: ‘keep in mind that those who prepare and conduct prosecutions owe a duty to the courts to ensure that all relevant evidence of help to an accused is either led by them or made available to the defence. We have no reason … Continue reading Regina v Hennessey (Timothy): CACD 1978
Citations: 1282/03, [2008] ECHR 509 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.270083
Citations: 61019/00, [2007] ECHR 116 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.248432
The appellant challenged an order made under the 1981 Act revoking his British citizenship, saying that it infringed his article 8 rights to family life. Judges: Mitting J Ch, Lane SIJ Citations: [2009] UKSIAC 66/2008 Links: Bailii Statutes: European Convention on Human Rights 8, British Nationality Act 1981 40 Citing: See Also – Al-Jedda, Regina … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 7 Apr 2009
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 11828/16, [2022] ECHR 530 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 August 2022; Ref: scu.678978
(Commission) The claimants had been convicted of terrorist-type offences in Northern Ireland and were serving prisoners in HMP The Maze. They protested at a change of regime imposed in 1976, resulting in them not being permitted association with the rest of the prison community. Prisoners complained at ‘close body’ searches, including anal inspections, which were … Continue reading McFeeley and others v The United Kingdom: ECHR 15 May 1980
The court was asked whether the applicant’s entitlement to a statutory sickness allowance, which was a contributory scheme but for which she had not registered due to illness, was a civil right within the meaning of article 6. Held: The applicant claimed a right ‘flowing from specific rules laid down by the legislation in force’ … Continue reading Feldbrugge v The Netherlands: ECHR 29 May 1986
Citations: 8684/09, [2011] ECHR 450 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 August 2022; Ref: scu.430567
ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 38597/14, [2022] ECHR 529 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 August 2022; Ref: scu.678955
Citations: 28047/02, [2008] ECHR 698 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 August 2022; Ref: scu.272643
Citations: 61747/00, [2008] ECHR 647 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 August 2022; Ref: scu.272601
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 10049/20, [2022] ECHR 533 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 July 2022; Ref: scu.678977
Citations: 37357/09, [2011] ECHR 262 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 July 2022; Ref: scu.428579
The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and family life. Held: The Secretary of State’s appeal against a declaration of incompatibility failed. The … Continue reading JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009
Citations: 27639/08, [2009] ECHR 1053 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 July 2022; Ref: scu.347597
Citations: 27632/08, [2009] ECHR 957 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 July 2022; Ref: scu.347551
Citations: 38714/04, [2008] ECHR 1692, [2009] ECHR 1367 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 July 2022; Ref: scu.341318
The defendants each complained that being placed on the sex offenders’ register indefinitely was a disproportionate interference with their rights for private and family life, and under European law. Held: A declaration of incompatibility was ordered to the extent that the orders made were not subject to regular review. Judges: Lord Justice Latham, Mr Justice … Continue reading F and Another, Regina (on the Application of) v Secretary of State for the Home Department: QBD 19 Dec 2008
The applicant complained of his seclusion whilst being detaned at a secure mental hospital. Held: The court referred several questions back to the parties to be answered. Citations: 32913/06, [2008] ECHR 215 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: First case – Regina v Ashworth Special Hospital Trust, ex parte … Continue reading C Munjaz v United Kingdom: ECHR 20 Mar 2008
Citations: 28571/06, [2010] ECHR 694 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 July 2022; Ref: scu.416328
Citations: 34575/04, [2007] ECHR 246, [2007] ECHR 994 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 July 2022; Ref: scu.250964
The court dismissed the claimant’s complaint that the seclusion policies operated at Ashworth Special Hospital infringed his human rights. The Special Hospitals operated policies for seclusion which differed from the Code of Practice laid down under the Act. Held: The claim was dismissed. Any seclusion had been of such a short duration as not to … Continue reading Regina v Ashworth Hospital Authority, Ex parte Munjaz (No 2): Admn 5 Jul 2002
Judges: Josep Casadevall, P Citations: 30255/09 – Chamber Judgment, [2014] ECHR 79 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: GC Summary – Bitto And Others v Slovakia ECHR 28-Jan-2014 ECHR Article 46-2 – Execution of judgment – Measures of a general character – Respondent State required to introduce compensatory remedy … Continue reading Bitto and Others v Slovakia (3rd Ch): ECHR 28 Jan 2014
ECHR Article 46-2 – Execution of judgment – Measures of a general character – Respondent State required to introduce compensatory remedy to provide effective relief for breach of property rights of rent-controlled flat owners Facts – The applicants were 21 owners or co-owners of residential buildings in Bratislava and Trnava to which a rent-control scheme … Continue reading Bitto And Others v Slovakia: ECHR 28 Jan 2014
Extra Division, Inner House – Judges: Lady Clark of Calton Citations: [2014] ScotCS CSIH – 7, 2014 SLT 905, [2014] CSIH 71, 2014 GWD 27-534 Links: Bailii Statutes: European Convention on Human Rights 2 3 8, Nationality, Immigration and Asylum Act 2002 94(3) Jurisdiction: Scotland Cited by: Extra Div Inner House – McCann v The … Continue reading SN v Secretary of State for The Home Department: SCS 14 Jan 2014
Citations: 54252/07, [2009] ECHR 924 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 July 2022; Ref: scu.346999
The claimant child alleged that the defendant had released him from administrative immigration detention without first putting safeguarding arrangements in place, leave him iat risk, in particular of becoming victim to human trafficking. Judges: McGowan J Citations: [2016] EWHC 1912 (Admin) Links: Bailii Statutes: European Convention on Human Rights 4 Jurisdiction: England and Wales Immigration, … Continue reading TDT, Regina (on The Application of) v Secretary of State for The Home Department: Admn 29 Jul 2016
Citations: 43298/07, [2010] ECHR 2184 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 July 2022; Ref: scu.429704
Citations: 50360/08, [2010] ECHR 2020 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 July 2022; Ref: scu.427248
Application for judicial review of the refusal of the Home Secretary to grant leave to remain. The claim for leave and for judicial review is based on Article 8 grounds. Judges: Stanley Burnton J Citations: [2008] EWHC 312 (admin) Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Immigration, Human Rights … Continue reading Erimako, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 31 Jan 2008
The applicant was born outside marriage in 1948 in East Germany and claimed a share of the estate of her father, who had lived in West Germany dying in 1998. A West German statute of 1969 put illegitimate children on a equality with children of a marriage, but excluded children born before 1 July 1949, … Continue reading Brauer v Germany: ECHR 28 May 2009
Citations: 27436/95, [1997] ECHR 180 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 July 2022; Ref: scu.346584
The court considered the propriety of an order for deportation of an offender after conviction for a serious offence. Law LJ said: ‘Clearly the Secretary of State has a particular responsibility to make judgments as to what Judge LJ called ‘broad issues of social cohesion and public confidence’ within the system of immigration control. The … Continue reading AC (Turkey) v Secretary of State for the Home Department: CA 25 Mar 2009
Grand Chamber – Press Release – The applicant complained of the retention by the police of DNA and fingerprint records – The applicants both complain about the retention of their fingerprints and DNA samples and the fact that they are being used in ongoing criminal investigations. They are also concerned about the possible future uses … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 27 Feb 2008
Having authorised an enquiry under section 447, the Secretary of State presented a winding-up petition of the respondent, an authorised dealer in securities. The company had been obliged to cease trade by its regulatory body. The judge held that the public interest did not require the company to be wound up as it had ceased … Continue reading Re Walter L Jacob Ltd: CA 1989
Citations: 36286/14 (Judgment (Merits and Just Satisfaction) : Court (Third Section)) French Text, [2016] ECHR 476 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 July 2022; Ref: scu.564854
Citations: 43380/06, [2012] ECHR 945 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 July 2022; Ref: scu.460183
(Grand Chamber) The applicant had been taken into custody before he was interrogated during his detention by police officers of the anti-terrorism branch of the Izmir Security Directorate. Held: There had been a violation of art 6(3)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, in conjunction with art 6(1), because … Continue reading Salduz v Turkey: ECHR 27 Nov 2008
The court considered the justification for extended sentences of imprisonment for public protection: ‘Its justification is the protection of the public. It is indeterminate. Release depends on the judgment of the Parole Board as to the risk which the prisoner presents. The court must fix a minimum term before which release cannot be considered, calculated … Continue reading Pedley, Martin and Hamadi v Regina: CACD 14 May 2009
A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of punishment with which to enforce their orders. The ones they have … Continue reading In Re Swaptronics Ltd: ChD 24 Jul 1998
Citations: 16812/06, [2009] ECHR 646 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 24 July 2022; Ref: scu.341913
The Court was asked as to the questioning of a child when the child had gone to the police station with his father, as requested by the police, and was thereafter arrested. The applicant complained, in particular, about the fairness of criminal proceedings at the pre-trial stage and before the domestic courts. Held: ‘the concept … Continue reading Panovits v Cyprus: ECHR 11 Dec 2008
Admissibility – The applicant’s claim for asylum had failed, and he challeged the decision to return him to Greece, the point of entry to the EU, saying that he would be at risk if so returned. Held: The United Kingdom would not breach its obligations under Article 3 of the Convention by removing the applicant … Continue reading KRS v The United Kingdom: ECHR 2 Dec 2008
Citations: 9075/08, [2008] ECHR 1844 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 24 July 2022; Ref: scu.341348
The Hungarian Civil Liberties Union sought access to details of a legal challenge filed by a Hungarian parliamentarian in the Hungarian Constitutional Court concerning the constitutionality of legislative amendments to the Hungarian Criminal Code. The Union contended that the refusal of the Constitutional Court to grant it access to the documents was a violation of … Continue reading Tarsasag A Szabadsagjogokert v Hungary: ECHR 13 Nov 2008
One of the functions of article 6(2) is to protect an acquitted person’s reputation from statements or acts that follow an acquittal which would seem to undermine it. Citations: 39627/05, [2008] ECHR 1088, 39631/05 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Adams, Regina (on The Application of) … Continue reading Taliadorou And Stylianou v Cyprus: ECHR 16 Oct 2008
The applicants sought, by means of the Human Rights Act to challenge the way in which the decision had been made that they should be prosecuted under the 1989 Act, arguing that section 6(2) was inconsistent with the new Act. Held: The Act contravened the Convention insofar as it made evidential presumptions which were incompatible … Continue reading Regina v Director of Public Prosecutions ex parte Kebilene etc: Admn 30 Mar 1999
A Police Officer assisting in recovery of items ordered to be returned in matrimonial proceedings acted in excess of his powers and trespassed in entering house where there was no immediate threat of breach of the peace, and no sight of disorder. An interference with private life by the police must be objectively justified under … Continue reading McLeod v The United Kingdom: ECHR 23 Sep 1998
Citations: [1997] EWHC Admin 490 Links: Bailii Statutes: Extradition Act 1989 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Home Department ex parte Launder Admn 6-Aug-1996 The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. . . See Also – … Continue reading In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail: Admn 21 May 1997
The bond between natural parents and their children is a strong indicator of the existence of family life: ‘from the moment of the child’s birth and by the very fact of it, there exists between him and his parents a bond amounting to ‘family life’, which subsequent events cannot break save in exceptional circumstances’. Citations: … Continue reading Ahmut v The Netherlands: ECHR 28 Nov 1996
Citations: 69189/01, [2008] ECHR 709 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 July 2022; Ref: scu.272618
Citations: 8327/06, [2009] ECHR 495 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 23 July 2022; Ref: scu.324746
The claimants complained of their detention after the disorder at Harmondsworth Immigration Detention Centre. Held: The investigation of allegations of inhuman or degrading treatment related to those in the custody of the State, though it was run by an independent company, and was required to satisfy the requirements of Article 3. (Longmore LJ dissenting)Sedley LJ … Continue reading AM and Others, Regina (on the Application of) v Secretary of State for the Home Department and others: CA 17 Mar 2009
The Court was asked whether or not the procedural protections afforded by Article 6(1) ECHRR as identified by the House of Lords in Secretary of State for the Home Department v MB [2007] UKHL 46 [2008] 1 AC 440 apply to the Appellant’s appeal against the decision of the Secretary of State to deprive him … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 22 Oct 2008
The appellant had been granted british citizenship. He now appealed against a an order under section 40(2) of the 1981 Act depriving him of his British citizenship on the ground that the respondent was satisfied that deprivation was conducive to the public good. Judges: Mitting J Ch, Lane SIJ Citations: [2008] UKSIAC 66/2008 Links: Bailii … Continue reading Al-Jedda v Secretary of State for the Home Department: SIAC 23 May 2008
Admissibility Judges: Christos Rozakis, P Citations: 20201/04, [2009] ECHR 225 Links: Bailii Statutes: European Convention on Human Rights Cited by: Admissibility – Frodl v Austria ECHR 8-Apr-2010 The applicant alleged that his disenfranchisement because he was serving a term of imprisonment of more than one year constituted a breach of his rights under Article 3 … Continue reading Frodl v Austria: ECHR 8 Jan 2009
Citations: 5297/03, [2009] ECHR 211 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 July 2022; Ref: scu.291834
The applicants alleged, in particular, that their son had been killed by a serviceman in breach of Article 2 of the Convention and that no adequate investigation had been conducted in this respect. Citations: 17945/03, [2008] ECHR 1045, [2008] ECHR 1081 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights … Continue reading Salatkhanovy v Russia: ECHR 16 Oct 2008
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion); Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses – claim rejected; Violation of Art. 5-3. Citations: 21380/93, [1998] ECHR 88, 21381/93 Links: Woldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 July 2022; … Continue reading Demir and Others v Turkey: ECHR 23 Sep 1998
Article 14 requires a complainant of discrimination to show that the complaint falls within the ‘ambit’ of some substantive Convention right. Citations: 8777/79, (1984) 7 EHRR 371, [1984] ECHR 17 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 14 Jurisdiction: Human Rights Cited by: Cited – Douglas v North Tyneside Metropolitan Borough Council CA … Continue reading Rasmussen v Denmark: ECHR 28 Nov 1984
The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing. Held: The exceptions within the Copyright Act were not sufficient to obviate entirely potential conflicts with the rights of freedom of expression under the … Continue reading Ashdown v Telegraph Group Ltd: CA 18 Jul 2001
The claimant sought deletion from police records of reports of his sending sexually explicit images as a child. Held: Refused. Judges: Lord Justice Hickinbottom Citations: [2018] EWHC 3333 (Admin) Links: Bailii Statutes: Protection of Children Act 1978, European Convention on Human Rights Jurisdiction: England and Wales Police, Human Rights Updated: 23 July 2022; Ref: scu.631211
The applicants were suspended from practising medicine for three months by the Provincial Council of the Ordre des medecins. They appealed unsuccessfully to the Appeal Council and again unsuccessfully to the Court de Cassation. Dr Le Compte complained that his article 6 rights had been violated because the proceedings before the Appeals Council had not … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981
The Commission had regard to the fact that the purpose for which the children were taken to the police headquarters and kept there for about two hours was to question them, not to arrest or detain them. This led to the conclusion that the action in question did not constitute a deprivation of liberty in … Continue reading X v Germany: ECHR 19 Mar 1981
ECHR Admissibility – Article 9, paragraph 1 of the Convention: The respect of this provision may create positive obligations for the State. The wording ‘either alone or in community with others’ does not leave a choice to the public authorities between two alternative obligations. In view of the requirements of the education system the authorities … Continue reading X v United Kingdom: ECHR 12 Mar 1981
The right to respect for private life was held to ‘comprise also, to a certain degree, the right to establish and develop relationships with other human beings’. Citations: 6825/74, [1976] ECHR 7, (1976) 5 DR 86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: England and Wales Cited by: Cited – Wright and Others, … Continue reading X v Iceland: ECHR 18 May 1976
ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 32617/16, [2022] ECHR 531 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 July 2022; Ref: scu.678938
The defendant had been placed on the sex offenders’ register on conviction for fraudulent evasion of prohibitions on importing goods, by importing indecent photographs of children. He had maintained that he had not known of the exact nature of the content. Held: The objective of the notification requirements was the protection of children, and was … Continue reading Forbes v Secretary of State for the Home Department: CA 11 Jul 2006
On reception into prison, the prison took cash from the claimant which was returned on his release. He claimed that it should have been invested. Held: The credit of the receipt into the books of the prison created only a debt as between the prison and prisoner. No trust was created. What was taken was … Continue reading Duggan v Governor of Full Sutton Prison and Another: ChD 28 Feb 2003
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991
ECHR Article 8-1 Respect for private life Positive obligations Failure to protect complainant’s personal integrity in criminal proceedings concerning sexual abuse: violation Facts – In 2001, at the age of 14, the applicant was allegedly victim of repeated sexual assaults by a family friend, X. Following a criminal complaint by the applicant’s mother, investigations started … Continue reading Y v Slovenia: ECHR 28 May 2015
Appeals against orders for removal after applicants had each married after expiry of the period of their lawful stay. A conceded that her application fell outside the Rules, but said that it was an appropriate case for the exercise of discretion. Held: The appeals were dismissed. Judges: Longmore, Gloster, Sales LJJ Citations: [2015] EWCA Civ … Continue reading Agyarko and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 6 May 2015
IAT ‘This case is one of the first to raise issues under section 65 of the Immigration and Asylum Act 1999. It requires the Tribunal to examine in particular certain aspects of the protection afforded by article 8 of the European Convention of Human Rights to the right to respect for private and family life … Continue reading Nhundu and Chiwera v Secretary of State for the Home Department (Zimbabwe): IAT 1 Jun 2001
The applicant alleged that her son had disappeared following his unacknowledged detention and that there had been no adequate investigation into the matter. She also claimed that she had suffered mentally on account of these events and complained of the lack of effective remedies in respect of those violations. She relied on Articles 2, 3, … Continue reading Bersunkayeva v Russia: ECHR 4 Dec 2008
The applicant alleged a violation of her right to religious freedom and her right to education guaranteed by Article 9 of the Convention and Article 2 of Protocol No. 1 respectively. As a muslim, she had wanted to wear a headscarf when attending physical education classes. She had been expelled from school. The repondent said … Continue reading Dogru v France: ECHR 4 Dec 2008
The applicants alleged that their relative had disappeared after being detained by servicemen in Chechnya on 6 March 2002. They complained under Articles 2, 3, 5, 6, 13 and 14. Citations: 3026/03, [2008] ECHR 1598 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 21 July 2022; Ref: scu.278476
The Court emphasised the duty of the press to impart information and ideas on matters of public interest, but noted that: ‘a fundamental distinction needs to be made between reporting facts – even if controversial – capable of contributing to a debate in a democratic society and making tawdry allegations about an individual’s private life’; … Continue reading Armonas v Lithuania: ECHR 25 Nov 2008
An application for an anti-social behaviour order against an individual was a civil, not a criminal proceeding. The standard of evidence required was on the balance of probability; the civil standard. Such proceedings were not subject to the additional protection of the human rights convention. Necessarily, the circumstances from which protection was sought were ones … Continue reading Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000
