Category: Human Rights

Leyla Sahin v Turkey: ECHR 29 Jun 2004

(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the Constitution of Turkey.
Held: Article 9 does not protect every act motivated or inspired by a religion or belief, and does not ‘in all cases’ guarantee the right to behave in public in a way ‘dictated by a belief’. The court interpreted ‘prescribed by law’ for the purposes of article 9(2): ’74. The Court reiterates its established case-law, according to which the words ‘prescribed by law’ not only require that the impugned measure should have some basis in domestic law, but also refer to the quality of the law in question, requiring that it should be accessible to the person concerned and foreseeable as to its effects (see, among many other authorities, Rotaru v Romania [GC], no. 28341/95, ss52, ECHR 2000-V) . . . Further, as regards the words ‘in accordance with the law’ and ‘prescribed by law’ which appear in Article 8 to 11 of the Convention, the Court observes that it has always understood the term ‘law’ in its ‘substantive’ sense, not its ‘formal’ one; it has included both ‘written law’, encompassing enactments of lower rank than statutes (De Wilde, Ooms and Versyp v. Belgium, judgment of 18 June 1971, Series A no 12, p. 45, ss93) and regulatory measures taken by professional bodies under independent rule-making powers delegated to them by parliament (Barthold v. Germany, judgment of 25 March 1985, Series A no. 90, p.21, ss46) and unwritten law. ‘Law’ must be understood to include both statutory and judge-made ‘law’ (see, among other authorities, Sunday Times v. United Kingdom (no 1), judgment of 26 April 1979, Series A no. 30, p. 30, ss43). Judge-made law is regarded as a valid source of law under Turkish law.’

Citations:

44774/98, [2004] ECHR 299, (2004) 44 EHRR 99

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 9

Jurisdiction:

Human Rights

Cited by:

Cited – Khan v Royal Air Force Summary Appeal Court Admn 7-Oct-2004
The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector.
Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was . .
Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Cited – SB, Regina (on the Application of) v Denbigh High School CA 2-Mar-2005
The applicant, a Muslim girl sought to be allowed to wear the gilbab to school. The school policy which had been approved by Muslim clerics prohibited this, saying the shalwar kameeze and headscarf were sufficient. The school said she was making a . .
Cited – X, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
Cited – JR17 for Judicial Review (Northern Ireland) SC 23-Jun-2010
The appellant was excluded from school. A female pupil related her fear of him to a teacher, but would not make a formal complaint, and the appellant was not to be told of the report or the investigation of it. There was said to have been confusion . .
See Also – Leyla Sahin v Turkey ECHR 10-Nov-2005
(Grand Chamber) The claimant, a muslim woman complained that she had not been allowed to attend lectures wearing a headscarf.
Held: Any limitations on the right to an education must not curtail it ‘to such an extent as to impair its very . .
Cited – Johns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 26 July 2022; Ref: scu.198551

Mellors v The United Kingdom: ECHR 17 Jul 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings
The complainant sought to pursue an appeal against his conviction for rape, but the delay of over three years in hearing the appeal led to this complaint.
Held: The failure to determine an appeal within a reasonable time could be a breach of the applicant’s Art 6 rights. Reasonableness was to be determined in the context of each case, looking at the complexity of the case and its importance to the parties. Here the case was clearly important to the applicant, and there had been complexities with forensic and other evidence, but none were exceptional. The case had not been dealt with within a reasonable time.

Citations:

57836/00, Times 04-Aug-2003, [2003] ECHR 373

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6

Jurisdiction:

Human Rights

Human Rights

Updated: 26 July 2022; Ref: scu.185148

A v The Governor of Arbour Hill Prison: 10 Jul 2006

Supreme Court of Ireland
Murray CJ said: ‘[T]he retrospective effect of a judicial decision is excluded from cases already finally determined. This is the common law position … No one has ever suggested that every time there is a judicial adjudication clarifying or interpreting the law in a particular manner which could have had some bearing on previous and finally decided cases, civil or criminal, that such cases be reopened or the decisions set aside. It has not been suggested because no legal system comprehends such an absolute or complete retroactive effect of judicial decisions. To do so would render a legal system uncertain, incoherent and dysfunctional. Such consequences would cause widespread injustices.’

Judges:

Murray CJ, Denham J, McGuinness J, Hardiman J, Geoghegan J

Citations:

[2006] IESC 45, [2006] 2 ILRM 481, [2006] 4 IR 99

Links:

Bailii

Jurisdiction:

England and Wales

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 for assault and breach of the peace on the basis of a statement made by him during an interview with the police where, under the 1995 Act, he had been denied access to a lawyer.
Held: The . .
Cited – Gordon v Scottish Criminal Cases Review Commission (Scotland) SC 22-Mar-2017
The appellant the Commission’s decision not to refer his case back to the court. They had agreed that a miscarriage of justice might have occurred, but concluded that it was not in the interests of justice to make such a referral. His statement had . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Human Rights

Updated: 25 July 2022; Ref: scu.640812

AB v Her Majesty’s Advocate: HCJ 26 Feb 2016

The defendant appealed his conviction for having sexual relations with a child under 16 saying that the legislation denied his right of consideration that he genuinely believed that she was 16 years old.
Held: The court rejected the appellant’s submission that the prohibition on raising the reasonable belief defence created a presumption of guilt and held that, absent any relevant complaint of procedural unfairness, the appellant was not within the ambit of article 6 of the ECHR. The appellant’s decision as an adult to engage in sexual activity with a child under the age of 16 did not engage the protection of article 8 of the ECHR, and even if article 8 were engaged, the interference was both in accordance with the law and proportionate.
‘The purpose of section 39(2)(a)(i) is to give legal significance to a charge by the police as a ‘shot across the bow’. An individual is entitled to plead ignorance of a child’s true age on one occasion only. If the provision were not framed to cover charges, as distinct from convictions, the aim of protecting children from adults who may prey on their vulnerability may not be realised. The defence could be utilised over and over again. This would undermine the purpose of the provision. There is nothing disproportionate about the measure. Had article 8 been engaged, the interference would have been justified under article 8(2).’

Judges:

Lord Justice General (Lord Carloway), Lady Dorrian and Lord Bracadale

Citations:

[2016] HCJCA HCA/2015/3552/XC

Statutes:

Sexual Offences (Scotland) Act 2009 39

Jurisdiction:

Scotland

Cited by:

Appeal from – AB v Her Majesty’s Advocate SC 5-Apr-2017
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 25 July 2022; Ref: scu.640834

AN v Lithuania: ECHR 31 May 2016

Where the court cited article 12 of the Convention (para 69) and held that where a measure of protection is necessary, it should be proportionate to the degree of incapacity and tailored to the individual’s circumstances and needs

Citations:

17280/08 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)), [2016] ECHR 462, [2017] MHLR 38, (2017) 65 EHRR 23

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – N v ACCG and Others SC 22-Mar-2017
The local authority and a young man’s parents disputed his continued care, he having substantial incapacities. The parents wanted assistance caring for him on visits home. The LA declined to fund that support. The LA now argued that the CoP had not . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 25 July 2022; Ref: scu.564851

Mcdonald v The United Kingdom: ECHR 20 May 2014

Decisions about the allocation of limited resources may well be justified as necessary in the interests of the economic well-being of the country.

Judges:

Ineta Ziemele, P

Citations:

4241/12 – Chamber Judgment, [2014] ECHR 492, 37 BHRC 130, (2015) 60 EHRR 1, (2014) 17 CCL Rep 187

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – N v ACCG and Others SC 22-Mar-2017
The local authority and a young man’s parents disputed his continued care, he having substantial incapacities. The parents wanted assistance caring for him on visits home. The LA declined to fund that support. The LA now argued that the CoP had not . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 25 July 2022; Ref: scu.525819

Anthony Richard Rapley And Others v The United Kingdom: ECHR 4 Sep 2007

The applicants complain that British social security legislation discriminated against them on grounds of sex, in breach of Article 14 of the Convention taken in conjunction with both Article 8 of the Convention and Article 1 of Protocol No. 1.

Judges:

Casadevall, P

Citations:

67913/01, [2007] ECHR 1171

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights, Benefits, Discrimination

Updated: 25 July 2022; Ref: scu.462860

Salduz v Turkey: ECHR 27 Nov 2008

(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 he did not have the benefit of legal assistance while he was in police custody.
It is in the face of the heaviest penalties that respect for the right to a fair trial is to be ensured to the highest possible degree by democratic societies. Neither the legal assistance provided subsequently nor the adversarial nature of the ensuing proceedings could cure the defects which had occurred during the time spent in police custody.
The Grand Chamber concluded: ‘the court finds that in order for the right to a fair trial to remain sufficiently ‘practical and effective’ . . article 6(1) requires that, as a rule, access to a lawyer should be provided as from the first interrogation of a suspect by the police, unless it is demonstrated in the light of the particular circumstances of each case that there are compelling reasons to restrict this right. Even where compelling reasons may exceptionally justify denial of access to a lawyer, such restriction – whatever its justification – must not unduly prejudice the rights of the accused under article 6 . . The rights of the defence will in principle be irretrievably prejudiced when incriminating statements made during police interrogation without access to a lawyer are used for a conviction.’

Judges:

Nicolas Bratza, President

Citations:

[2008] ECHR 1542, 36391/02, (2008) 49 EHRR 421, (2009) 49 EHRR 19, 26 BHRC 223

Links:

Bailii

Statutes:

European Convention on Human Rights 6(3)

Jurisdiction:

Human Rights

Citing:

See Also – Salduz v Turkey ECHR 26-Apr-2007
The applicant complained that he had been arrested and detained by anti-terrorist police. At his trial evidence of his statement was challenged on the basis that it had been extracted from him under duress and that he had not had access to a lawyer. . .
Cited – Imbrioscia v Switzerland ECHR 24-Nov-1993
The applicant had been questioned several times without access to a lawyer while he was in police custody.
Held: Overall there had been no breach of article 6(1). The right set out in article 6(3)(c) is one element, among others, of the . .

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 for assault and breach of the peace on the basis of a statement made by him during an interview with the police where, under the 1995 Act, he had been denied access to a lawyer.
Held: The . .
Cited – Gafgen v Germany ECHR 1-Jun-2010
(Grand Chamber) The claimant said that police treatment during his interview had amounted to torture.
Held: The Salduz principles were not restricted to the failure to provide access to a lawyer during interview. There is no clear consensus . .
Cited – Her Majesty’s Advocate v P SC 6-Oct-2011
(Scotland) The appellant had been interviewed by police without being offered access to a solicitor. He complained that the interview and information obtained only through it had been used to found the prosecution.
Held: The admission of the . .
Cited – Ambrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
Cited – Pishchalnikov v Russia ECHR 24-Sep-2009
(First Section) The applicant was interrogated while he was under arrest in police custody. He asked for the assistance of a lawyer during his interrogation, but this was disregarded by the investigator who proceeded to question him. It was argued . .
Cited – Sharkunov and Mezentsev v Russia ECHR 10-Jun-2010
The court was asked as to the lack of legal assistance while in police custody and the use at the trial of incriminating statements that had been made at that stage.
Held: The court repeated the proposition that was first stated in Salduz, . .
Cited – Borotyuk v Ukraine ECHR 16-Dec-2010
(Fifth Section) The applicant complained, in particular, that his continued pre-trial detention had been unjustified and that he had not been legally represented in the early stages of the criminal proceedings.
Held: The court summarised the . .
Cited – Coulson v Newsgroup Newspapers Ltd QBD 21-Dec-2011
The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant . .
Cited – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Cited – Gordon v Scottish Criminal Cases Review Commission (Scotland) SC 22-Mar-2017
The appellant the Commission’s decision not to refer his case back to the court. They had agreed that a miscarriage of justice might have occurred, but concluded that it was not in the interests of justice to make such a referral. His statement had . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 25 July 2022; Ref: scu.427789

Associated Newspapers Ltd v United Kingdom: ECHR 30 Nov 1994

The newspaper said that a finding against it of contempt of court for publishing material derived from a jury’s deliberations infringed its rights of free speech.
Held: The complaint was declared inadmissible. ‘The Commission agrees with the applicants that the fines imposed in the present case amounted to an interference with the applicants’ freedom of expression, and also agrees that the interference was ‘prescribed by law’. In connection with the question whether the interference pursued a legitimate aim, the Commission finds, as indeed the applicants accept, that the aim was to maintain the authority and impartiality of the judiciary. It would add that the term ‘judiciary’ comprises the entire machinery of justice, including the proper functioning of the jury system (cf., Euro. Court H.R., Sunday Times judgment of 26 April 1979, Series A no. 30, p. 34, para. 55). It is an important element of that system that jurors should express themselves freely in the jury room without fear of outside disclosure of their views and opinions. To this extent the law may also serve to protect the rights of individual jurors themselves.
. . In connection with the legislation as such [the 1981 Act], the Commission notes that the jury system in the United Kingdom is founded on the premise that jurors will express themselves freely in the jury room in the knowledge that what they say will not be used outside. If a juror thought that what he said could subsequently be made public, it is possible that he would bear in mind the future use to which his words might be put, and not just the case in hand. The unlimited prohibition on disclosure is then seen to be an inevitable protection for jurors and can therefore be regarded as ‘necessary’ in a democratic society which has decided to retain this particular form of jury trial.’,br />The Commission added that it was not called on to assess the compatibility of section 8 with article 10 in circumstances involving a conviction for research into jury methods as such, and stated: ‘The present case relates rather to revelations of the jury’s deliberations in one specific case of considerable public interest, including statements by the jurors concerned about the opinions and attitudes of other members of the jury. The applicants were well aware that the information they published was sensitive, and should have been aware that its disclosure could put other individual jurors in an invidious position.
The Commission finds, in the circumstances of the present case, that the interference with the applicants’ freedom of expression did not take the State beyond the margin of appreciation which it enjoyed.’

Judges:

Mm A Weizel P

Citations:

24770/94, [1994] ECHR 58

Links:

HUDOC, Bailii

Citing:

Appeal from – 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 . .
At First Instance – HM Attorney General v Associated Newspapers Ltd and Others QBD 9-Dec-1992
A newspaper was held to have been in contempt of court for publishing details of the deliberations of a jury, even though it had not solicited the information. Beldam LJ said of the word ‘disclosure’: ‘It is a word wide enough to encompass the . .

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Contempt of Court, Media

Updated: 25 July 2022; Ref: scu.343072

Pedley, Martin and Hamadi v Regina: CACD 14 May 2009

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 by reference to the hypothetical determinate term which would have been called for if the indeterminate sentence were not being passed. All those features it shares with a discretionary life sentence’.
Hamadi sought from the court a certificate that a point of law of general public importance was involved in its decision, namely whether the significant risk test was compatible with the European Convention on Human Rights. But this point had not been argued in any manner in the appeal in this court, and: ‘There exists a very limited power in this court to re-hear an apparently concluded appeal. It is a power to re-list where by administrative error or otherwise the appellant has been deprived of a proper hearing, so that the apparently concluded appeal can properly be described as a nullity, including cases where the court failed to follow the rules or well established procedure see R v Pinfold; R v Grantham; R v Berry and R v Rowan. An example of the second situation is R v Daniel where the court dealt with a renewed application without being aware that counsel was instructed to appear and thus without hearing him.’

Judges:

Hughes LJ, King J, Barker QC HHJ Common Serjeant

Citations:

[2010] 1 Cr App R (S) 24, [2009] EWCA Crim 840, [2009] Crim LR 669, [2009] 1 WLR 2517

Links:

Bailii

Statutes:

Criminal Justice Act 2003 225

Cited by:

Cited – Wilkinson and Others, Regina v, Attorney-General’s Reference No 43 of 2009 CACD 6-Oct-2009
The court examined the provisions distinguishing between sentences of imprisonment for life and imprisonment for public protection (IPP) in cases involving very serious gun and drugs crimes.
Held: The Avis case guidelines remained valuable, . .
Cited – Penfold v Regina CACD 1-Jun-2012
The defendant having been convicted of sex and other offences, had been sentenced to six years imprisonment for public protection. Working as an aerial and satellite dish installer, whilst working at an elderly lady’s house, he had first drugged her . .
Cited – Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2) SC 3-Jul-2013
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system.
Held: The decision . .
Cited – Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2) SC 3-Jul-2013
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system.
Held: The decision . .
Cited – Yasain, Regina v CACD 16-Jul-2015
The Court was asked as to the powers of the Court of Appeal Criminal Division to re-open an appeal to correct an error which is said to have caused real injustice in that the error led to the quashing of a sentence lawfully imposed in the Crown . .
Cited – Yasain, Regina v CACD 16-Jul-2015
The Court was asked as to the powers of the Court of Appeal Criminal Division to re-open an appeal to correct an error which is said to have caused real injustice in that the error led to the quashing of a sentence lawfully imposed in the Crown . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights, Criminal Practice

Updated: 25 July 2022; Ref: scu.343902

In Re Swaptronics Ltd: ChD 24 Jul 1998

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 at present are adequate. They ‘do not need a power which deprives the litigant of his right to litigate. Indeed it seems to me that were the courts to refuse to allow those in contempt access to the courts simply on the grounds that they are in contempt, they could well be acting in breach of the provisions of Article 6.1 of the European Convention on Human Rights which entitles everyone to the determination of his civil rights by means of a fair and public hearing before an independent and impartial tribunal. The ‘everyone’ in that Article is not subject to an exception in respect of people who are guilty of serious offences or contempt of court.’ and ‘Sir Robert Megarry’s Miscellany-at-Law records that in 1631 a litigant who threw a brickbat at a judge, but missed, had his right hand chopped off and nailed to the gibbet on which he was thereafter hanged in the presence of the court. I am not sure what would have happened to him had his aim been better.’

Judges:

Laddie J

Citations:

Times 17-Aug-1998, Gazette 23-Sep-1998, [1998] All ER (D) 407

Statutes:

European Convention on Human Rights 6.1

Jurisdiction:

England and Wales

Citing:

Cited – Hadkinson v Hadkinson CA 1952
The courts adopt an approach similar to that of the United States courts where there has been a significant contempt on the part of a party to litigation. Denning LJ said: ‘Those cases seem to me to point the way to the modern rule. It is a strong . .

Cited by:

Cited – Motorola Credit Corporation v Uzan and others (No 2) CA 12-Jun-2003
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to . .
Cited – Polanski v Conde Nast Publications Limited CA 11-Nov-2003
The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order.
Held: There was no absolute . .
Cited – Arrow Nominees Inc, Blackledge v Blackledge ChD 2-Nov-1999
The applicants sought to strike out a claim under section 459. The two companies sold toiletries, the one as retail agent for the other. They disputed the relationship of the companies, and the use of a trading name. Documents were disclosed which . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Human Rights

Updated: 25 July 2022; Ref: scu.82214

Faizovas, Regina (on the Application of) v Secretary of State for Justice: CA 13 May 2009

Judges:

Arden, Elias LJJ, Richards J

Citations:

[2009] EWCA Civ 373, (2008) 103 BMLR 28, [2009] ACD 58

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Faizovas, Regina (on the Application of) v Secretary of State for Justice Admn 9-May-2008
Challenge by elderly prisoner with cancer to be handcuffed whilst attending hospital. He was in prison for a violent sexual offence, and whilst in prison had not engaged in offending reducing programs. . .

Cited by:

Cited – FGP v Serco Plc and Another Admn 5-Jul-2012
The claimant said that whilst he had been being taken from an immigration detention centre to hospital, he had been restrained by various forms of handcuffs. He said that had been unlawful.
Held: The claim failed: ‘ the recommendation that . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons

Updated: 24 July 2022; Ref: scu.343053

Haghighi v The Netherlands: ECHR 14 Apr 2009

Citations:

(2009) 49 EHRR SE8, 38165/07, [2009] ECHR 765

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 24 July 2022; Ref: scu.342979