Category: Human Rights

Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012

The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern related to the response to expert medcal evidence.
Held: The complaints were unadmissible. The interferences were prescribed by law and that they pursued a legitimate aim, namely maintaining the authority and impartiality of the judiciary.
‘rules imposing requirements of confidentiality as regards judicial deliberations play an important role in maintaining the authority and impartiality of the judiciary, by promoting free and frank discussion by those who are required to decide the issues which arise . . As to lay jurors, who are often obliged by law to undertake jury service as part of their civic duties, it is essential that they be free to air their views and opinions on all aspects of the case and the evidence before them, without censoring themselves for fear of their general views or specific comments being disclosed to, and criticised in, the press . . the rule governing the secrecy of jury deliberations was a crucial and legitimate feature of English trial law which served to reinforce the jury’s role as the ultimate arbiter of fact and to guarantee open and frank deliberations among jurors on the evidence which they had heard. It considers that the nature of this imperative is such that an absolute rule cannot be viewed as being unreasonable or disproportionate, given that any qualification or exception would necessarily lead to an element of doubt which could undermine the very objective which the legislation seeks to secure.’

Judges:

Lech Garlicki, P

Citations:

33510/10, [2012] ECHR 241, 32844/10

Links:

Bailii

Statutes:

European Convention on Human Rights, Contempt of Court Act 1981 8

Jurisdiction:

Human Rights

Citing:

At Admn – HM Attorney General v Seckerson and Times Newspapers Ltd Admn 13-May-2009
The first defendant had been foreman of a jury in a criminal trial. He was accused of disclosing details of the jury’s votes and their considerations with concerns about the expert witnesses to the second defendant. The parties disputed the extent . .
Cited – HM Attorney-General v Associated Newspapers Ltd and Others HL 4-Feb-1994
Following the acquittal of a prominent politician on a charge of conspiracy to murder, the New Statesman magazine published an article, based on an interview with one of the jurors, which gave an account of significant parts of the jury’s . .
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – Observer and Guardian v The United Kingdom ECHR 26-Nov-1991
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book.
Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is . .
Cited – Mosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
Cited – Gutierrez Suarez v Spain ECHR 1-Sep-2010
(French Text) . .
Cited – Observer and Guardian v The United Kingdom ECHR 26-Nov-1991
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book.
Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is . .
Cited – Financial Times Ltd and Others v The United Kingdom ECHR 15-Dec-2009
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic . .
Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Cited – Bladet Tromso and Stensaas v Norway ECHR 20-May-1999
A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the . .
Cited – Regina v Pan 29-Jun-2001
(Supreme Court of Canada) The court considered the reason behind the common law rule against a court examining the activities of a jury: ‘the rule seeks to preserve the secrecy of the jury’s deliberations, while ensuring that those deliberations . .
Cited – Regina v Connor and another; Regina v Mirza HL 22-Jan-2004
Extension of Inquiries into Jury Room Activities
The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use . .
Cited – Timpul Info-Magazin and Anghel v Moldova ECHR 27-Nov-2007
Particularly strong reasons must be provided for any measure limiting access to information which the public has the right to receive. . .
Cited – Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media, Criminal Practice, Contempt of Court

Updated: 04 October 2022; Ref: scu.451243

Fletcher and Another v Director of Public Porsecutions and Another: CA 3 Dec 2001

‘Whether a banning order made pursuant to section 14A Football Spectators Act 1989, as amended by the Football (Disorder) Act 2000, amounts to a penalty within the meaning of the second sentence of Article 7(1) European Convention on Human Rights.’

Citations:

[2001] EWCA Civ 1874

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Human Rights

Updated: 04 October 2022; Ref: scu.218609

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 as a juvenile in need of . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 04 October 2022; Ref: scu.646128

Kats and Others v Ukraine: ECHR 18 Dec 2008

The applicants were the parents and son of a prisoner who died in custody of an HIV related illness. They complained of her treatment in custody.
Held: If someone dies in custody an explanation of the cause of death must be provided, including a narrative of medical treatment provided. Also a suspicious death in custody inevitably raises the question of a breach of article 2 on the part of the authorities.
There had been a violation of the positive obligation under article 2 as a result of a failure to safeguard the life of the deceased. The prison authorities were aware of the deceased’s HIV status and there was a striking failure to give her medical attention. Her death was the result of inadequate medical assistance. There was also a violation of article 2 in respect of the lack of an adequate investigation into the circumstances of the death. It is instructive to see how the court described the investigative duties which arise as part of the positive obligations under article 2 and contrasted them with the procedural obligation which arises when the responsibility of the state for the death is ‘potentially engaged’, as it was in this case as a result of the wholly inadequate nature of the medical facilities and treatment available.
Held: The court noted the different factual contentions of the parties: on the one hand the applicants said that the authorities were well aware of her condition which they failed to treat, and on the other the state suggested that the death resulted from an unpredictable development of the illness which had occurred before the deceased went into custody but of which she failed to inform the authorities. That issue was resolved in favour of the applicants. The court reiterated that the state was under an obligation to take appropriate steps to safeguard the lives of those within its jurisdiction and continued: ‘Persons in custody are in a particularly vulnerable position and the authorities are under an obligation to account for their treatment, Having held that the Convention requires the state to protect the health and physical well-being of persons deprived of their liberty, for example, by providing them with the requisite medical assistance, the Court considers that, where a detainee dies as a result of a health problem, the state must offer an explanation as to the cause of death and the treatment administered to the person concerned prior to his or her death.
As a general rule, the mere fact that an individual dies in suspicious circumstances while in custody should raise an issue as to whether the state has complied with its obligation to protect that person’s right to life.’

Judges:

Rait Maruste, P

Citations:

[2008] ECHR 1742, 29971/04, (2010) 51 EHRR 44

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Kats and Others v Ukraine ECHR 14-Mar-2006
. .
Cited – Slimani v France ECHR 27-Jul-2004
A Tunisian was committed to a psychiatric hospital on several occasions. He died while detained in a detention centre awaiting deportation. The applicant complained that there had been a violation of article 2 on two grounds: the detention centre . .

Cited by:

Cited – Rabone and Another v Pennine Care NHS Foundation SC 8-Feb-2012
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 . .
Cited – Tyrrell v HM Senior Coroner County Durham and Darlington and Another Admn 26-Jul-2016
The court was aked what article 2 of the European Convention on Human Rights requires of a coroner when a serving prisoner dies of natural causes.
Held: The reuest for judicial review failed. Mr Tyrrell’s death was, from the outset, one which . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons

Updated: 04 October 2022; Ref: scu.450991

MT (Article 1F (A) – Aiding and Abetting) Zimbabwe: UTIAC 2 Feb 2012

UTIAC In the context of exclusion under Article 1F(a) of the 1951 Refugee Convention (Article 12(2)(a) of 2004/83/EC (the Refugee Qualification Directive):
i) The requirement set out at Article 7(1) of the International Criminal Court Statute (ICC Statute) that acts be ‘committed as part of a widespread or systematic attack directed against any civilian population with knowledge of the attack’ (the ‘chapeau requirement’) is an essential element in the definition of a crime against humanity.
ii) In principle the question of whether acts are ‘committed as part of a widespread or systematic attacks directed against any civilian population’ is a matter that could be dealt with in future country guidance cases; although the question of whether there exist acts with such a nexus must ultimately be decided on a case-by-case basis.
iii) Commission of a crime against humanity or other excludable act can take the form of commission as an aider and abettor, as a subsidiary (or non-principal) form of participation. Drawing on international criminal law jurisprudence (as enjoined by R (JS) (Sri Lanka) v SSHD [2010] UKSC 15), aiding and abetting in this context encompasses any assistance, physical or psychological, that has a substantial effect on the commission of the crime, i.e. the contribution should facilitate the commission of a crime in some significant way.
iv) The fact that the Article 7(1)(a)-(g)list of acts capable of being crimes against humanity does not include the ‘cover-up’ of murders, whilst a surprising lacuna, should not be filled by judicial interpretation.
v) Duress is a defence to international criminal responsibility (see Article 31(1)(d) of the ICC Statute). Again, drawing on international criminal law jurisprudence, such a defence is confined to situations where the defendant’s freedom of will and decision is so severely limited that there is eventually no moral choice of counter activity available. It has four components: the threat must be of imminent death or continuing or imminent serious bodily harm; the threat must result in duress causing the crime; a threat results in duress only if it is otherwise avoidable (i.e. if a reasonable person in comparable circumstances would have submitted and would have been driven to the relevant criminal conduct); and the act directed at avoiding the threat must be necessary in terms of no other means being available and reasonable for reaching the desired effect.

Judges:

Latter SIJ

Citations:

[2012] UKUT 15 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights, Crime

Updated: 04 October 2022; Ref: scu.450984