Category: Human Rights

Danderyds v Sweden: ECHR 7 Jun 2001

Citations:

Unreported, 07 June 2001, 52559/99

Jurisdiction:

Human Rights

Cited by:

Cited – Frame v Grampian University Hospitals NHS Trust HCJ 14-Feb-2004
The defendant NHS trust objected as to the leading of certain evidence by the prosecutor, saying it infringed the right to a fair trial.
Held: As a governmental body rather the Trust could not have human rights capable of being infringed, it . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 05 July 2022; Ref: scu.194092

Frame v Grampian University Hospitals NHS Trust: HCJ 14 Feb 2004

The defendant NHS trust objected as to the leading of certain evidence by the prosecutor, saying it infringed the right to a fair trial.
Held: As a governmental body rather the Trust could not have human rights capable of being infringed, it did not qualify as a victim under the Act. The French version of the Convention clearly referred to physical individuals, and the alternative claimants under article 34 were mutually exclusive.There were three tests as to whether an organisation was a state one: Was it a decentralised authority exercising public functions; would its acts engage the state’s responsibility under the Convention; and was it sufficiently independent of the State. In this case the establishment of the Trust was a decentralisation of the state’s administration.

Judges:

Marnoch, Macfadyen LL, Sir Gerald Gordon QC

Citations:

Times 02-Mar-2004

Statutes:

Scotland Act 1998 100(1)(b), European Convention on Human Rights 834

Jurisdiction:

Scotland

Citing:

Cited – The Holy Monasteries v Greece ECHR 9-Dec-1994
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione personae); Preliminary objection rejected (non-exhaustion); No violation of P1-1; Violation of Art. 6-1; No violation of Art. . .
Cited – Ayuntamiento de Mula v Spain ECHR 1-Feb-2001
Under the settled case law of the Convention institutions local government organisations are public law bodies which perform official duties assigned to them by the Constitution and by substantive law and are therefore quite clearly governmental . .
Cited – Danderyds v Sweden ECHR 7-Jun-2001
. .
Applied – Pfizer Corporation v Ministry of Health CA 1964
Lord Justice Diplock said: ‘The duty to provide hospital and specialist services is imposed upon the Minister. It is in its nature a duty which he can only perform vicariously through agents acting on his behalf. The Act requires him to do so . .
Cited – British Medical Association v Greater Glasgow Health Board HL 1989
The House considered the availability of orders against the Crown in Scotland. It is inconceivable that Parliament should have intended to fetter the right of the subject to obtain a prohibitory order more strictly in Scotland than in England. The . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 05 July 2022; Ref: scu.194091

Fabian v Hungary: ECHR 29 Aug 2017

ECHR suspension of Mr F’s old-age pension : Press Release
ECHR Judgment : Remainder inadmissible No violation of Article 1 of Protocol No. 1 – Protection of property Article 1 para. 1 of Protocol No…

Citations:

78117/13, [2017] ECHR 741, [2017] ECHR 744

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.607846

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

The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention despite their operation outside Europe.
Held: The appeals failed. ‘The Act reaches the same parts of the body politic as the Convention. For my part I also see good grounds of principle and of substantive law for holding that, at least where the right to life is involved, these parts extend beyond the walls of the British military prison and include the streets patrolled by British troops. ‘

Judges:

Lord Justice Sedley Lord Justice Brooke Vice-President of the Court of Appeal (Civil Division) Lord Justice Richards

Citations:

[2005] EWCA Civ 1609, Times 06-Jan-2006, [2007] QB 140

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Al Skeini and Others, Regina (on the Application of) v Secretary of State for Defence and Another Admn 14-Dec-2004
Several dependants of persons killed in Iraq by British troops claimed damages.
Held: The court considered extensively the scope and applicability of Article 1 duties. In general an English court would have no jurisdiction over deaths abroad . .
Cited – Bankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
Cited – Serco Ltd v Lawson and Foreign and Commonwealth Office CA 23-Jan-2004
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on . .
Cited – Tomalin v S Pearson and Son Ltd CA 1909
A widow claimed compensation for her husband’s death overseas.
Held: The Act did not provide for compensation to be payable. ‘What is the widow’s claim here ? She is claiming, not as a party to the contract, not as claiming any rights under a . .
Cited – Cyprus v Turkey 1-May-1975
(Commission) Turkey argued that she had not extended her jurisdiction to the island of Cyprus because she had neither annexed a part of the island nor established a military or civil government there. She maintained that the administration of the . .
Cited – Drozd and Janousek v France and Spain ECHR 26-Jun-1992
The applicants complained of the unfairness of their trial in Andorra (which the Court held it had no jurisdiction to investigate) and of their detention in France, which was not found to violate article 5.
Held: Member states are obliged to . .
Cited – McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom ECHR 21-Nov-2001
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint.
Held: . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited HL 13-Oct-2005
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had . .
Cited – Issa And Others v Turkey ECHR 16-Nov-2004
Accountability for violation of the Convention rights and freedoms of persons in another state stems from the fact that article 1 of the Convention cannot be interpreted so as to allow a state party to perpetrate violations of the Convention on the . .
Cited – Regina on the Application of B and others v Secretary of State for the Foreign and Commonwealth Office CA 18-Oct-2004
The applicant children had been detained in immigration camps in Australia. They escaped and sought refuge in the British High Commission in Melbourne and claimed diplomatic asylum. They claimed in damages after being returned to the authorities in . .
Cited – Hess v United Kingdom ECHR 28-May-1975
(Commission) The Commission looked to the admissibiliity of a complaint by Rudoph Hess who was incarcerated by the respondent state in Spandau prison. The prison was in the British sector in Berlin under the control of the four WWII Allied powers. . .
Cited – Loizidou v Turkey ECHR 23-Mar-1995
(Preliminary objections) The ECHR considered the situation in northern Cyprus when it was asked as to Turkey’s preliminary objections to admissibility: ‘although Article 1 sets limits on the reach of the Convention, the concept of ‘jurisdiction’ . .
Cited – Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc QBD 8-Oct-1996
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits . .
Cited – Chrystostomos and Others v Turkey ECHR 1991
(Commission – Admissibility) There were three applications, including one by Titina Loizidou. She complained that she had been denied access to her property in north Cyprus by the activities of Turkish forces and persons acting under their . .
Cited – Loizidou v Turkey (Merits) ECHR 18-Dec-1996
The court was asked whether Turkey was answerable under the Convention for its acts in Northern Cyprus.
Held: It was unnecessary to determine whether Turkey actually exercised detailed control over the policies and actions of the authorities . .
Cited – Assanidze v Georgia ECHR 8-Apr-2004
Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of Art. 5-1 with regard to unlawfull detention ; Not necessary to examine Art. 5-1 . .
Cited – Ilascu and Others v Moldova and Russia ECHR 8-Jul-2004
(Grand Chamber) The two contracting states disputed the status of secessionist territory in Moldova called the Moldovian Republic of Transdniestria, which had been set up in 1991-2 with the support of the Russian Federation. The question was whether . .
Cited – Freda v Italy ECHR 7-Oct-1980
(Commission) An Italian citizen had been handed over by the authorities in Costa Rica to Italian police who obliged him to go on board an Italian Air Force plane.
Held: The Commission was satisfied that he was under the authority of the . .
Cited – Ocalan v Turkey ECHR 12-May-2005
(Grand Chamber) – The applicant had been detained in Kenya. He had allowed himself to be taken by Kenyan officials to Nairobi airport in the belief that he was free to leave for a destination of his choice, but they took him to an aircraft in which . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited – WM v Denmark ECHR 14-Oct-1992
(Commission) The applicant lived in the German Democratic Republic (‘DDR’). He wished to move to the Federal Republic of Germany, but the DDR authorities refused him permission. At 1115 on 9 September 1988, together with 17 other DDR citizens, he . .
Cited – Illich Sanchez Ramirez v France ECHR 24-Jun-1996
The applicant was arrested in Khartoum by Sudanese security forces and handed over to French police officers who escorted him to France in a French military aircraft. The ECommHR was willing to accept that he was effectively under the authority, and . .
Cited – Golder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
Cited – Tyrer v The United Kingdom ECHR 25-Apr-1978
Three strokes with a birch constituted degrading punishment for a 15-year-old boy, which violated article 3 having regard to the particular circumstances in which it was administered.
Preliminary objection rejected (disappearance of object of . .
Cited – Ahmet Ozkan and Others v Turkey ECHR 6-Apr-2004
Turkish military forces attacked a village with rifles and heavy weapons. During this operation they burned a number of houses, and a bomb was thrown into one house, with the result that a girl of six suffered severe intestinal injuries. When the . .
Cited – Salman v Turkey ECHR 27-Jun-2000
Where someone dies or is injured whilst in custody the burden is on the state to provide a ‘satisfactory and convincing explanation’ of what has happened: ‘Persons in custody are in a vulnerable position and the authorities are under a duty to . .
Cited – Gulec v Turkey ECHR 1995
A 15-year old boy was killed during the course of incidents in a Turkish city which involved demonstrations, shop closures and attacks on public buildings. The government maintained that he had been hit by a bullet fired by armed demonstrators at . .
Cited – Ergi v Turkey ECHR 28-Jul-1998
A village girl was shot dead when she went out onto the veranda of her home after security forces had been engaged in an ambush of PKK members close to the village where she lived. Nobody asked her family about the circumstances of the shooting, and . .
Cited – Ogur v Turkey ECHR 20-May-1999
A nightwatchman at a mining site, the claimant’s son, was killed one morning by Turkish security forces when he was coming off duty. The Government said that the scene of the incident had been used as a shelter by terrorists. The applicant claimed . .
Cited – Dunnachie v Kingston Upon Hull City Council CA 11-Feb-2004
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately . .
Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
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 . .
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Hackett v United Kingdom ECHR 2005
. .
Cited – Teresa Kelly, Re an Application for Judicial Review QBNI 19-Nov-2004
. .
Cited – Edwards v The United Kingdom ECHR 14-Mar-2002
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .

Cited by:

Cited – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned.
Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights . .
Appeal from – Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
At CA – Al-Skeini and Others v The United Kingdom ECHR 7-Jul-2011
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights, Armed Forces

Updated: 04 July 2022; Ref: scu.237432

Federici v Italy (No. 2): ECHR 8 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; Violation of Art. 6-1; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings.

Citations:

66327/01 ; 66556/01, [2005] ECHR 827

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.236818

Wasilewski v Poland: ECHR 6 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim dismissed; Costs and expenses (Convention proceedings) – claim dismissed.

Citations:

63905/00, [2005] ECHR 823

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.236806

Mehmet Kaya v Turkey: ECHR 6 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings.

Citations:

36150/02, [2005] ECHR 816

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.236804

Kosarevskaya v Ukraine: ECHR 6 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Violation of Art. 13; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.

Citations:

29459/03 ; 4935/04 ; 26996/04, [2005] ECHR 814

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.236812

Ruoho v Finland: ECHR 13 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim dismissed; Costs and expenses (Convention proceedings) – claim dismissed.

Citations:

66899/01, [2005] ECHR 852

Links:

Worldlii, Bailii

Human Rights

Updated: 04 July 2022; Ref: scu.236753

Ozer And Others v Turkey: ECHR 20 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses (domestic proceedings) – claim dismissed; Costs and expenses partial award – Convention proceedings.

Citations:

42708/98, [2005] ECHR 893

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.236776

Mikulova v Slovakia: ECHR 6 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 (access to court); Remainder inadmissible; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings.

Citations:

64001/00, [2005] ECHR 817

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.236799

Majercsik v Hungary: ECHR 20 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Remainder inadmissible; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings.

Citations:

13323/02, [2005] ECHR 889

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.236773

Vanyan v Russia: ECHR 15 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection dismissed (non-exhaustion of domestic remedies); Violation of Art. 6-1 (conviction); Violation of Arts. 6-1 and 6-3-c; Not necessary to examine Art. 8; Not necessary to examine Art. 13; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.

Citations:

53203/99, [2005] ECHR 877

Links:

Worldlii, Bailii

Human Rights

Updated: 04 July 2022; Ref: scu.236736

Barry v Ireland: ECHR 15 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 (length); Violation of Art. 13; Remainder inadmissible; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim dismissed; Costs and expenses partial award – Convention proceedings.

Citations:

18273/04, [2005] ECHR 865

Links:

Worldlii, Bailii

Human Rights

Updated: 04 July 2022; Ref: scu.236737

Karadzic v Croatia: ECHR 15 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 8; Not necessary to examine Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim dismissed; Costs and expenses partial award – Convention proceedings.

Citations:

35030/04, [2005] ECHR 871

Links:

Worldlii, Bailii

Human Rights

Updated: 04 July 2022; Ref: scu.236738

Wilson v Wychavon District Council and Another: Admn 20 Dec 2005

The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of a building to a dwelling will cause less immediate environmental damage than the stationing of a residential caravan, is correct. In those circumstances the ‘bright line’ rule in relation to dwellings only is in my view proportionate and a regime such as that for temporary stop notices is not required by considerations of proportionality. ‘ The section was not incompatible.

Judges:

Crane J

Citations:

[2005] EWHC 2970 (Admin), Times 18-Jan-2006

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 183(4), Human Rights Act 1998, Planning and Compulsory Purchase Act 2004 52, Town and Country (Temporary Stop Notice) (England) Regulations 2005

Jurisdiction:

England and Wales

Citing:

Cited – Clarke v Secretary of State for Transport, Local Government and the Regions and Tunbridge Wells Borough Council CA 2002
The court referred to ‘the very difficult question of how potential family and cultural rights of gypsy and Romany populations interact with and are affected by the municipal planning laws of this country’, . .
Cited – Runnymede Borough Council v Smith 1986
The section provided protection even for caravans which had come on to the site with knowledge of the stop notice, and an injunction was refused on these grounds. . .
Cited – Chapman v United Kingdom; similar ECHR 18-Jan-2001
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement . .
Cited – Westminster City Council and Another v Morris; Regina (Badu) v Lambeth London Borough Council CA 14-Oct-2005
The claimant sought housing assistance. She had a child. She was subject to immigration control. She complained that when considering her application, the Act required the authority to disregard her responsibiltes to her children.
Held: The . .
Cited – Hirst v United Kingdom (2) ECHR 6-Oct-2005
(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting.
Held: Voting is a right not a privilege. It was a right central in a . .
Cited – Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
Cited – Coates and others v South Buckinghamshire District Council CA 22-Oct-2004
The local authority had required the applicants to remove their mobile homes from land. They complained that the judge had failed properly to explain how he had reached his decision as to the proportionality of the pressing social need, and the . .
Cited – Hirst v United Kingdom ECHR 24-Jul-2001
The applicant asserted that the delays in the reviews, undertaken by the Parole Board, of his continued detention as a discretionary life prisoner, was a breach of his right to a speedy decision. The delays were between 21 and 24 months. Such delays . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Connors v The United Kingdom ECHR 27-May-2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Cited – Michalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .

Cited by:

Appeal from – Wilson, Regina (on the Application of) v Wychavon District Council and Another CA 6-Feb-2007
The claimants said that an enforcement notice issued against them under a law which would prevent such a notice against the use of a building as a dwelling, but not against use of a caravan as a dwelling, discriminated against them as gypsies.
Lists of cited by and citing cases may be incomplete.

Planning, Human Rights, Discrimination

Updated: 04 July 2022; Ref: scu.236657

Harutyunyan v Armenia: ECHR 5 Jul 2005

Held: ‘As to the complaint about the coercion and the subsequent use in court of the applicant’s confession statement, the Court considers that it cannot, on the basis of the file, determine the admissibility of this part of the application and that it is therefore necessary, in accordance with Rule 54 – 2 (b) of the Rules of the Court, to give notice of this complaint to the respondent Government.
. . As to the complaint about the use in court of witness statements obtained under torture, the Court considers that it cannot, on the basis of the file, determine the admissibility of this part of the application and that it is therefore necessary, in accordance with Rule 54 – 2 (b) of the Rules of the Court, to give notice of this complaint to the respondent Government.’

Citations:

36549/03, [2007] ECHR 541

Links:

Bailii

Cited by:

Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 04 July 2022; Ref: scu.235914

Regina v Xhabri: CACD 7 Dec 2005

The complainant alleged that the defendant had forced her into prostitution under duress. Hearsay evidence had been admitted from members of the complainant’s family as to what she had told them. They were not available to give evidence at the trial.
Held: The defendant had no objected to evidence from the complainant as to the same matters. The admission of evidence from a witness who was unavailable to give evidence and be cross examined was not a breach of the defendant’s right to a fair trial.

Judges:

Mrs Justice Rafferty, Lord Phillips Lord Chief Justice of England and Wales Mr Justice Mackay

Citations:

Times 10-Jan-2006, [2005] EWCA Crim 3135

Links:

Bailii

Statutes:

Criminal Justice Act 2003 8118, European Convention on Human Rights 6

Jurisdiction:

England and Wales

Evidence, Human Rights

Updated: 04 July 2022; Ref: scu.235951

Skorobogatova v Russia: ECHR 1 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 (length of proceedings); Remainder inadmissible; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim dismissed.

Citations:

33914/02, [2005] ECHR 798

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.235702

Popov v Bulgaria: ECHR 1 Dec 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 5-1; Violation of Art. 6-1; Violation of Art. 13+6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.

Citations:

48137/99, [2005] ECHR 795

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.235696

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

The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a proper opportunity for the applicant to make oral representations.
Held: The appeal was dismissed. Though an appeal procedure was available, that did not cure such a defect in the need for a fair trial. The paragraph should instead be read down so as to require the trial judge to consider first whether an oral hearing should be provided, and if so to provide one.

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2005] UKHL 69

Links:

Bailii, House of Lords

Statutes:

European Convention on Human Rights 86, Criminal Justice Act 2003 Sch22 p11(1)

Jurisdiction:

England and Wales

Citing:

Cited – X v United Kingdom ECHR 5-Nov-1981
(Commission) The application was made a patient, restricted under the 1959 Act. A mental health review tribunal which concluded that the continued detention of a restricted patient was no longer justified had power to recommend but not to order the . .
Appeal from – Hammond, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Nov-2004
The defendant had heard that the sentencing judge would set his sentence tarriff without an oral hearing, and would then give his decision in open court. He sought judicial review.
Held: Review was granted. The availability of a right of . .
Cited – Regina v Secretary of State for the Home Department Ex parte Anderson HL 25-Nov-2002
The appellant had been convicted of double murder. The judge imposed a mandatory life sentence with a minimum recommended term. The Home Secretary had later increased the minimum term under the 1997 Act. The appellant challenged that increase.
Cited – Adolf v Austria ECHR 26-Mar-1982
An elderly lady complained that the applicant had assaulted her. The police investigated and reported back to the prosecutor who referred the matter to the Innsbruck District Court. The court registered the case as a ‘punishable act’ under section . .
Cited – Edwards v The United Kingdom ECHR 16-Dec-1992
The fact that the elderly victim of the robbery of which the defendant had been convicted had failed to pick out Mr Edwards when she was shown two volumes of photographs of possible burglars which included his photograph was not disclosed to the . .
Cited – Stott (Procurator Fiscal, Dunfermline) and Another v Brown PC 5-Dec-2000
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right . .
Cited – Jasper v The United Kingdom ECHR 16-Feb-2000
Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials.
Held: The right was . .
Cited – Miailhe v France (No 2) ECHR 26-Sep-1996
Hudoc Preliminary objection joined to merits (victim); Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (ratione materiae); No violation of . .
Cited – Le Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981
Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have . .
Cited – Albert And Le Compte v Belgium ECHR 10-Feb-1983
Hudoc Violation of Art. 6-1; Just satisfaction reserved . .
Cited – Twalib v Greece ECHR 9-Jun-1998
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1+6-3-b; Violation of Art. 6-1+6-3-c; . .
Cited – Albert And Le Compte v Belgium ECHR 24-Oct-1983
ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings. . .
Cited – Albert And Le Compte v Belgium (Article 50) ECHR 24-Oct-1983
The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. . .
Cited – Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
Cited – Dory v Sweden ECHR 12-Nov-2002
Hudoc Judgment (Merits and just satisfaction) . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – De Cubber v Belgium ECHR 26-Oct-1984
The applicant a Belgian, had been convicted of forgery. He said that the court had not been an impartial tribunal because one of the judges had also acted as an investigating judge in his case. Amongst the grounds on which it was contended that . .
Cited – Colozza v Italy ECHR 12-Feb-1985
The defendant complained that he had been tried and convicted in his absence.
Held: The right to a fair trial had been breached: ‘the object and purpose of [article 6] taken as a whole show that a person ‘charged with a criminal offence’ is . .
Cited – Findlay v The United Kingdom ECHR 25-Feb-1997
The applicant complained that the members of a court-martial were appointed by the Convening Officer, who was closely linked to the prosecuting authorities. The members of the court-martial were subordinate in rank to the Convening Officer who had . .
Cited – Kyprianou v Cyprus ECHR 27-Jan-2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 6-2 ; Violation of Art. 6-3-a ; Not necessary to examine Art. 10 ; Non-pecuniary damage – financial award ; Costs and . .
Cited – Goc v Turkey ECHR 11-Jul-2002
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 on account of the absence of an oral hearing; Violation of Art. 6-1 on account of the non-communication of the opinion of the Principal Public . .
Cited – Riepan v Austria ECHR 14-Nov-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention . .
Cited – Condron v The United Kingdom ECHR 2-May-2000
A direction to a jury about an accused person’s silence during police questioning was inadequate to protect the right to a fair trial. The applicants had been advised by their solicitor to remain silent during interview because they were withdrawing . .
Cited – Monnell And Morris v The United Kingdom ECHR 2-Mar-1987
ECHR No violation of Art. 5-1; No violation of Art. 6-1; No violation of Art. 6-3-c; No violation of Art. 14+5; No violation of Art. 14+6
The applicants had unsuccessfully sought leave to appeal against . .
Cited – Dudson, Regina (on the Application of) v Secretary of State for the Home Department HL 28-Jul-2005
The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review.
Held: ‘What is at issue is the general . .

Cited by:

Cited – A and Others, Regina v; Regina v The Crown Court at the Central Criminal Court ex parte A Times Newspapers Ltd etc CACD 13-Jan-2006
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights

Updated: 04 July 2022; Ref: scu.235509

Vasilyeva v Russia: ECHR 17 Nov 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of P1-1; Not necessary to examine Art. 13; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic and convention proceedings.

Citations:

7237/03

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.235172

Shestopalova and Others v Russia: ECHR 17 Nov 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 (non-enforcement of judgments); Violation of P1-1; Remainder inadmissible; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic and convention proceedings.

Citations:

39866/02

Jurisdiction:

Human Rights

Human Rights

Updated: 04 July 2022; Ref: scu.235171

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

Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in ordering the search was the one later who decided on their complaint that it was unlawful.
Held: Alternative arrangements could have been and should have been made.
Lord Brown said: ‘it seems to me clear both as a matter of principle and authority that once proceedings have been successfully impugned for want of independence and impartiality on the part of the tribunal, the decision itself must necessarily be regarded as tainted by unfairness and so cannot be permitted to stand.’ The decisions were set aside, but because the 1998 Act was not retrospective, and no prisoner had served extra days, no damages would be awarded.
Lord Rodger discussed the possibility of a prison governor being impartial, saying: ‘I have no doubt that an informal and fair-minded observer would regard the prison governor or their deputies as being quite capable of interpreting and applying the prison rules fairly and independently, even though they are obviously committed to upholding them.’

Judges:

Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2005] UKHL 13, Times 18-Feb-2005, [2005] 1 All ER 927, [2005] 1 WLR 688

Links:

House of Lords, Bailii

Statutes:

Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

Cited – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
Cited – Davidson v Scottish Ministers HL 15-Jul-2004
The claimant had sought damages for the conditions in which he had been held in prison in Scotland. He later discovered that one of the judges had acted as Lord Advocate representing as to the ability of the new Scottish Parliamentary system to . .
Cited – Pabla Ky v Finland ECHR 22-Jun-2004
A member of the Finnish Parliament who also sat as an expert member of the Court of Appeal was said to lack independence as a judge.
Held: The complaint was rejected. Also there was no no objective justification for the applicant’s fear as to . .
Cited – McGonnell v The United Kingdom ECHR 8-Feb-2000
The applicant owned land in the parish of St Martin’s in Guernsey. He made a number of applications for planning permission for residential use, but they were all rejected. In about 1986 he moved into a converted packing shed on his land. In 1988 a . .
Cited – J I MacWilliam Co Inc v Mediterranean Shipping Company S A, ‘The Rafaela S’ CA 16-Apr-2003
Machinery was damaged whilst in transit, on the second of two legs. The contract described itself as a through bill of lading, but the port of discharge was not the final destination.
Held: The contract was a straight bill of lading. A . .
Cited – Regina v Metropolitan Police Commissioner, Ex parte Parker 1953
. .
Cited – In re S (Minors) (Care Order: Implementation of Care Plan) HL 14-Mar-2002
Section 3(1) of the 1998 Act is not available where the suggested interpretation is contrary to express statutory words or is by implication necessarily contradicted by the statute. The judge’s task is to interpret, not to legislate. The proposed . .
Cited – Regina v Metropolitan Police Commissioner, Ex parte Fry 1954
. .
Cited – Leech v Governor of Parkhurst Prison HL 1988
The House was asked whether a disciplinary decision by a governor was amenable to judicial review.
Held: The functions of a governor adjudicating upon disciplinary charges are separate and distinct from his functions in running the prison; . .
Cited – Regina v Deputy Governor of Camphill Prison, Ex parte King 1985
The governor’s role in maintaining good order and discipline within the prison was part of his overall function of managing the prison, and is not susceptible to judicial review. ‘Management without discipline is a recipe for chaos.’ . .
Cited – Regina v Board of Visitors of Hull Prison, Ex parte St Germain (No 2) CA 1979
Proper Limits on Imprisonment
The court discussed the proper limits of imprisonment: ‘despite the deprivation of his general liberty, a prisoner remains invested with residuary rights appertaining to the nature and conduct of his incarceration . . An essential characteristic of . .
Cited – Re McKiernan’s Application 1985
The court found difficulty in drawing a logical distinction between the disciplinary functions of governors and Boards of Visitors. . .
First Instance – Regina v Carroll and Al-Hasan and Secretary of State for Home Department Admn 16-Feb-2001
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden . .
Cited – Ezeh and Connors v The United Kingdom ECHR 15-Jul-2002
The applicants were serving prisoners. They had been the subject of disciplinary proceedings in which they had been denied the right to representation. They claimed an infringement of their right to a fair trial.
Held: Both proceedings had . .
Cited – Regina v Board of Visitors of Frankland Prison, Ex parte Lewis 1986
Given the role of the Board in discipline within a prison, it can assist the achievement of justice in disciplinary proceedings for the adjudicator to have knowledge of the workings of a particular prison. . .
Cited – Davidson v Scottish Ministers HL 15-Jul-2004
The claimant had sought damages for the conditions in which he had been held in prison in Scotland. He later discovered that one of the judges had acted as Lord Advocate representing as to the ability of the new Scottish Parliamentary system to . .
Cited – Procola v Luxembourg ECHR 28-Sep-1995
A dairy association complained of milk quota orders made with retrospective effect under domestic provisions. A regulation had been submitted in draft to the Conseil d’Etat, which had advised that a statute was necessary to give retrospective effect . .
Cited – Regina v HM Prison Service ex parte Hibbert Admn 16-Jan-1997
The general contention that the governor, being part of the prison administration and privy to the decision, could not conduct an adjudication within th eprison was not ‘something outside the normal situation, which could justify intervention in . .
Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
Cited – Sengupta v Holmes and Others, Lord Chancellor intervening CA 31-Jul-2002
The appellant had applied for leave to appeal to a single judge, who had refused the application. He appealed and was granted leave by two judges. He then objected when the single judge who had refused leave was included in the panel of judges to . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Regina v Carroll and Al-Hasan and Secretary of State for Home Department CA 19-Jul-2001
Two appellants were prisoners at a high security prison. A search involved the prisoner squatting so that items which might be hidden in their genital or anal areas could be seen. The appellants refused to squat. Both were charged with refusing to . .
Cited – Dimes v Proprietors of Grand Junction Canal and others HL 26-Jun-1852
The Lord Chancellor, Lord Cottenham, owned a substantial shareholding in the defendant canal which was an incorporated body. He sat on appeal from the Vice-Chancellor, whose judgment in favour of the company he affirmed. There was an appeal on the . .
Cited – Millar v Dickson PC 24-Jul-2001
The Board was asked whether the appellants had waived their right to an independent and impartial tribunal under article 6 of the Convention by appearing before the temporary sheriffs without objecting to their hearing their cases on the ground that . .
Cited – In re McKerr CANI 10-Jan-2003
The appellant’s son and two others had been shot dead by police officers. There remained considerable controversy over the circumstances. The matter had been taken to the ECHR which had found the enquiry inadequate. The parties now disputed the . .

Cited by:

Cited – Gillies v Secretary of State for Work and Pensions HL 26-Jan-2006
The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had . .
Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 04 July 2022; Ref: scu.222766

Nadine Delson v London Borough of Lambeth: CA 19 Nov 2002

Application for permission to appeal against refusal of second application for permission to apply for judicial review.
Held: It was not sustainable to suggest that the section was incompatible with the cliamant’s human rights. Leave to appeal was refused.

Citations:

[2002] EWCA Civ 1894

Links:

Bailii

Statutes:

Housing Act 1985 93(2)

Jurisdiction:

England and Wales

Citing:

Cited – Smart v Sheffield City Council: Central Sunderland Housing Company Limited v Wilson CA 25-Jan-2002
Each tenant had become unintentionally homeless, and was granted a non-secure tenancy of accommodation under section 193. Complaints of nuisance were received from neighbours. Possession orders were obtained and now challenged under the Human Rights . .
Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 04 July 2022; Ref: scu.217808

Secretary of State for Transport, Local Government and the Regions v Waltham Forest London Borough Council: CA 15 Mar 2002

The house owner sought a lawful use certificate. He wished to use the house as sheltered housing for six people recovering from mental illness, with support from a resident carer. The rules allow such a certificate where there would be a total of six people living in the property. The local authority refused the certificate on the basis that there would be seven people living there including the carer. The inspector granted it on the basis that the change would not be so substantial as to amount to a material change of use.
Held: The inspector was correct. The difference was not sufficient to make the change of use substantial. The comparison should be between the existing use and the proposed use, and there was no notional intermediate level of permitted use. If section 192 did affect the owner’s human rights the section was a proportionate and legitimate interference.

Judges:

Lords Justice Schiemann, Tuckey and Jonathan Parker

Citations:

Gazette 11-Apr-2002, [2002] EWCA Civ 330, [2002] 13 EG 99, [2002] 2 PLR 83, [2002] JPL 1093

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 55 192

Jurisdiction:

England and Wales

Planning, Human Rights

Updated: 04 July 2022; Ref: scu.170076