Category: Human Rights

Podbielski And Ppu Polpure v Poland: ECHR 26 Jul 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.
‘However, restrictions applied which are of a purely financial nature and which . . are completely unrelated to the merits of an appeal or its prospects of success, should be subject to particularly rigorous scrutiny from the point of view of the interests of justice.’

Citations:

39199/98, [2005] ECHR 543

Links:

Worldlii, Bailii

Cited by:

Cited – Unison, Regina (on The Application of) v The Lord Chancellor and Another Admn 7-Feb-2014
The claimant challenged the Regulations and Orders charging for the laying of complaints at Employment Tribunals, saying they were mistaken and discriminatory.
Held: The challenge failed. The new Order was not in breach of European Union . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 03 July 2022; Ref: scu.229828

Simsek And Others v Turkey: ECHR 26 Jul 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 2 (substantive and procedural); Not necessary to examine Art. 6-1; Violation of Art. 13; No violation of Art. 14; No violation of Art. 17; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award.

Citations:

35072/97, 37194/97, [2005] ECHR 546

Links:

Worldlii, Bailii

Human Rights

Updated: 03 July 2022; Ref: scu.229829

Forbes v Secretary of State for the Home Department: QBD 26 Jul 2005

The defendant argued that the 2003 Act was in breach of his article 8 rights. He had been registered as a sex offender, but the offence for which he had been convicted involved no proof of intention.
Held: The claimant having brought the proceedings, his name was not to be withheld. The substantial point was that the defendant had been convicted of importing indecent material. If he had merely been convicted of possession but had not been shown to have known known the nature of what he possessed, he would not be subject to registration: ‘A person who is convicted of an offence under 170(2)(b) of CEMA that is a sexual offence must have been aware that the goods were prohibited and, if he did not know that they were obscene, at the very least took a chance as to the nature of those goods. The rationale of the reporting restrictions is that there is a risk that someone who has offended may do so again, and that the harm done by sexual offences is so great as to justify the interference with personal liberty and integrity that they involve.’

Judges:

Stanley Burnton J

Citations:

[2005] EWHC 1597 (QB)

Links:

Bailii

Statutes:

Sexual Offences Act 2003, European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Forbes (Giles) HL 20-Jul-2001
The defendant had been convicted of evading a prohibition on importing articles of an obscene or indecent nature. He had been unaware of whether the articles were indecent images of children, or otherwise obscene images. Since the provisions which . .
Cited – Adamson v United Kingdom ECHR 1999
The Court considered whether the notification requirements of the UK sex offenders’ registration scheme constitute a penalty for the purposes of Article 7 or infringed the applicant’s rights under Article 8.
Held: They did not. As to article . .
Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
Cited – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Cited – De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to . .
Cited – Gallagher, Re an Application By for Judicial Review QBNI 9-Apr-2003
The applicant had been convicted of offences of indecent assault. He contended that the notification requirements of the 1997 Act infringed his rights under Article 8.
Held: The court rejected the claim: ‘The task of deciding whether the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 03 July 2022; Ref: scu.229281

Nachova and Others v Bulgaria: ECHR 26 Feb 2004

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel) ; Violation of Art. 2 with regard to deaths ; Violation of Art. 2 with regard to lack of effective investigation ; Not necessary to examine Art. 2 with regard to the general obligation to protect life ; No separate issue under Art. 13 ; Violation of Art. 14+2 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses award – domestic proceedings ; Costs and expenses award – Convention proceedings
The victims were Roma Army deserters shot while fleeing from military police. It was complained that because of race discriminatin, the state had failed properly to investigate the case.

Citations:

43577/98, [2004] ECHR 89, 43579/98, [2004] ECHR 90, (2005) 19 BHRC 1

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 82

Jurisdiction:

Human Rights

Cited by:

Cited – Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening) HL 12-Nov-2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .
See Also – Nachova and Others v Bulgaria ECHR 6-Jul-2005
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel) ; Violation of Art. 2 with regard to deaths ; Violation of Art. 2 with regard to lack of effective investigation ; Not . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 03 July 2022; Ref: scu.194347

Regina on the Application of Ruslanas Bagdanavicius, Renata Bagdanaviciene v Secretary of State for the Home Department: CA 11 Nov 2003

Failed Roma asylum applicants challenged an order for their return to Lithuania. There had been family objections to the mixed marriage leaving them at risk of violence from the local mafia, and an order for their return would infringe their article 3 rights.
Held: The threshold of risk test which was to be applied in judging the claim was the same as would apply to testing an assertion of having a well founded fear of persecution. There is a ‘broad symmetry between the asylum test of a well-founded fear of persecution for an Asylum Convention reason and the Article 3 test of a real risk of exposure to ill treatment that it proscribes’

Judges:

Lord Justice Auld Lady Justice Arden The Lord Chief Justice Of England

Citations:

[2003] EWCA Civ 1605, Times 21-Nov-2003, Gazette 15-Jan-2004, [2004] 1 WLR 1207

Links:

Bailii

Statutes:

European Convention on Human Rights 3

Jurisdiction:

England and Wales

Citing:

Appeal from – Bagdanavicius, Bagdanaviciene v the Secretary of State for Home Department Admn 16-Apr-2003
The applicants sought asylum, saying they had been subjected to repeated ill-treatment by Lithuanian Mafiosi. The claims were rejected as clearly unfounded, denying any right to an appeal.
Held: The court could examine the basis upon which the . .

Cited by:

Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
Cited – Atkinson v Secretary of State for the Home Department CA 5-Jul-2004
The applicant sought judicial review of the respondent’s certification under s94 that his cliam for asylum was hopeless. He said that he had acted as an informer against criminal gangs in Jamaica, and that the state of Jamacia could not provide him . .
Cited – LD (Algeria) v Secretary of State for the Home Department CA 1-Jul-2004
The claimant arrived in England on a six month pass. He then applied for asylum, but his claim was rejected. He later resisted an attempt to remove him on human rights grounds. The court considered the guidance from the Immigration Appeal Tribunal . .
Appeal from – Bagdanavicius and Another, Regina (on the Application of) v HL 26-May-2005
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum.
Held: It was for the person claiming the protection of the Convention provisions for . .
Cited – Fornah v Secretary of State for the Home Department CA 9-Jun-2005
The applicant sought refugee status, saying that if returned home to Sierra Leone, she would as a young woman be liable to be circumcised against her will.
Held: Female sexual mutilation ‘is an evil practice internationally condemned and in . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 03 July 2022; Ref: scu.187720

Sobanski v Poland: ECHR 21 Jan 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – financial award ; Costs and expenses award – Convention proceedings
The claimant alleged that the delay in hearing his request for compensation was so long as to have denied his right to a hearing within a reasonable time.
Held: The total delay had been over eight years, of which substantial periods resulted form the court’s inactivity. His human rights had been infringed.

Citations:

40694/98, [2003] ECHR 36

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6

Jurisdiction:

Human Rights

Human Rights

Updated: 03 July 2022; Ref: scu.178763

Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018

Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The Commissioner’s appeal failed: To provide an effective deterrent, laws which prohibit conduct constituting a breach of article 3 must be rigorously enforced and complaints of such conduct must be properly investigated. Deficiencies in investigations do not have to be part of a flawed approach of the system generally for a breach of article 3 to arise. However, errors must be serious to be such a breach. The ECtHR case law demonstrates a clear and constant line of authority to the effect that the state has a duty to conduct an effective investigation into crimes involving serious violence to the individual. It has consistently been held that the positive obligation to investigate effectively is not solely confined to cases of ill-treatment by state agents
Lord Nueberger (Hale L agreeing) dissented in part on the issue of whether a person in the claimants’ position needs to establish that the serious defects in the investigation in question were attributable to failures of a structural nature (also referred to as systems, or systemic, failures), and not to purely operational failures (ie failings on the part of the individual police officers responsible for conducting the specific investigation). The judgments in the ECHR supported the wider approach.
Lord Kerr said: ‘the jurisprudence of the Strasbourg court is clear and constant on the issues which this court has to decide. Even if it were not, however, I would firmly reject the suggestion that the decision of this court on whether the respondents enjoy a right under the HRA to claim compensation against the appellant should be influenced, much less inhibited, by any perceived absence of authoritative guidance from ECtHR.’

Judges:

Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Hughes

Citations:

[2018] UKSC 11, UKSC 2015/0166, [2018] HRLR 11, [2018] 3 All ER 369, [2018] 1 Cr App R 31, [2018] 2 WLR 895

Links:

Bailii, Bailii Summary, SC, SC Summary

Statutes:

Human Rights Act 1998 and 8, European Convention on Human Rights 3

Jurisdiction:

England and Wales

Citing:

At First Instance (Liability) – DSD and Another v The Commissioner of Police for The Metropolis QBD 28-Feb-2014
The claimants sought damages alleging negligent failure by the police to investigate and find a serial rapist.
Held: The claim succeeded. The claimants were entitled to damages from the defendant, the Commissioner of the Police of the . .
At First Instance – DSD and Another v The Commissioner of Police for The Metropolis QBD 23-Jul-2014
The court had found the defendant liable for a breach of the claimants’ human rights in that its negligent investigations had led to further rapes and sexual assaults by an offender. The court now considered what damages might be payable. . .
Appeal from – The Commissioner of Police of The Metropolis v DSD and NBV and Others CA 30-Jun-2015
The claimants alleged that they had been victims of rapes after the defendant police force had negligently failed to properly investigate a series of similar crimes. They said that the failures had infringed their article 3 rights. The Commissioner . .
Cited – Assenov and Others v Bulgaria ECHR 28-Oct-1998
An allegation of violence by a police officer did require a thorough, impartial and careful investigation by a suitable and independent state authority: ‘The court considers that in these circumstances, where an individual raises an arguable claim . .
Cited – MC v Bulgaria ECHR 4-Dec-2003
The applicant complained that she had been raped by two men when she was 14 years old. The men were interviewed but it was concluded that they had not used threats or violence and there was no evidence of resistance. The district prosecutor issued a . .
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 – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – Yasa v Turkey ECHR 2-Sep-1998
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); No violation of Art. 2; Violation of Art. 2 (effective investigation); . .
Cited – Calvelli and Ciglio v Italy ECHR 17-Jan-2002
The applicants’ baby had died shortly after birth in 1987. They complained about the medical care. The complaint was not investigated speedily by the authority, resulting in a criminal complaint becoming time barred after a conviction in 1994 was . .
Cited – Menson v United Kingdom ECHR 6-May-2003
There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No . .
Cited – Szula v United Kingdom ECHR 4-Jan-2007
A complaint was brought of sexual and physical abuse whilst a minor during the time that he was in a residential approved school.
Held: The applicant’s claim was inadmissible. It was concluded that there was ‘no indication that the authorities . .
Cited – Beganovic v Croatia ECHR 25-Jun-2009
The applicant had been assaulted by three individuals and coplained of the ineffectiveness of the police investigation.
Held: Though the court acknowledged that no direct responsibility can attach to a member state under ECHR for the acts of . .
Cited – Denis Vasilyev v Russia ECHR 17-Dec-2009
The applicant and his friend were seriously assaulted and robbed. Although police officers attended the scene, no investigation into the circumstances of the assault were conducted. The police officers claimed to have considered that the applicant . .
Cited – Milanovic v Serbia ECHR 14-Dec-2010
. .
Cited – CAS and CS v Romania ECHR 20-Mar-2012
The applicants raise several complaints related to the repeated rape and other ill-treatment suffered by the first applicant. In particular, the first applicant alleged that the criminal investigations into those facts had been ineffective, and that . .
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 – O’Keeffe v Ireland ECHR 28-Jan-2014
ECHR Article 3
Positive obligations
Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher: violation
Facts – The applicant alleged . .
Cited – BV v Ireland ECHR 2-May-2017
The court stated that the obligation to carry out an effective investigation ‘cannot be limited to cases of ill-treatment by agents of the state’.
ECHR Judgment : Violation of Article 3 – Prohibition of . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of 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 – El-Masri v The Former Yugoslav Republic of Macedonia ECHR 13-Dec-2012
(Grand Chamber) The applicant, a German national of Lebanese origin, alleged that he had been subjected to a secret rendition operation, namely that agents of the respondent State had arrested him, held him incommunicado, questioned and ill-treated . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
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 – 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 – Moohan and Another v The Lord Advocate SC 17-Dec-2014
The petitioners, convicted serving prisoners, had sought judicial review of the refusal to allow them to vote in the Scottish Referendum on Independence. The request had been refused in the Outer and Inner Houses.
Held: (Kerr, Wilson JJSC . .
Cited – Regina v O’Brien SC 2-Apr-2014
The court considered how to apply the rule that an extradition may only be for trial on matters committed before the extradition if they have been the basis of the request to a defendant’s commission of contempt of court after conviction. After . .
Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Cited – Chernaya v Ukraine ECHR 15-Dec-2016
Merits and Just Satisfaction – The court considered involved an injury inflicted by a non-state agent.
Held: The court reiterated that ‘[t]he minimum standards of effectiveness laid down by the Court’s case law include the requirements that . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights, Negligence

Updated: 01 July 2022; Ref: scu.605316

Jordan, Re an Application for Judicial Review: QBNI 29 Jan 2002

The claimant challenged the Lord Chancellor’s failure to introduce legislation to ensure that the coroners’ system in Northern Ireland comprised with Human Rights Law.

Judges:

Kerr J

Citations:

[2002] NIQB 7, [2002] NI 151

Jurisdiction:

Northern Ireland

Cited by:

See Also – Jordan v Lord Chancellor and Another (Northern Ireland) HL 28-Mar-2007
In each case a death had occurred many years earlier where the deceased had apparently died at the hands of the armed forces. The relatives now challenged the range of verdicts which could be left to a coroner’s jury.
Lord Bingham said: ‘The . .
See Also – Re Jordan’s Application QBNI 8-Mar-2002
The claimant challenged a ruling of the coroner on 9 January 2002 that he would conduct the inquest on the basis of existing law and practice and would not leave to the jury the option of returning a verdict of unlawful killing. . .
See Also – Stephen Jordan (No 2) v The United Kingdom ECHR 10-Dec-2002
The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was . .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
Lists of cited by and citing cases may be incomplete.

Armed Forces, Coroners, Human Rights

Updated: 01 July 2022; Ref: scu.272804

Regina on the Application of Rozo v Snaresbrook Crown Court and the Director of Public Prosecutions: Admn 6 Jan 2005

An application for bail was based on more general Article 5 grounds, and the learned judge was pressed with the need for him to have regard to Article 5 and to approach the matter on the basis that Article 5 applied.

Judges:

Gray J

Citations:

[2005] EWHC 75 (Admin).

Statutes:

European Convention on Human Rights 5

Jurisdiction:

England and Wales

Cited by:

Cited – Wiggins, Regina (on the Application Of) v Harrow Crown Court Admn 20-Apr-2005
The defendant appealed against refusal of bail. He had failed to attend court in time of the day of his trial and said he had overlooked the date.
Held: Collins J said: ‘[T]he question of whether bail should be continued or removed in . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights

Updated: 01 July 2022; Ref: scu.231473

G and E v Norway: ECHR 3 Oct 1983

The court considered the protection to be given to native peoples such as the Saami of Northern Norway.

Citations:

9415/81, 9278/81, [1983] 35 D and R 30, [1983] ECHR 16

Links:

Bailii, Bailii

Cited by:

Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . .
Cited – Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another HL 28-Nov-2007
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1.
Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion . .
Cited – The Mayor Commonalty and Citizens of London v Samede (St Paul’s Churchyard Camp Representative) and Others CA 22-Feb-2012
The defendants sought to appeal against an order for them to vacate land outside St Paul’s Cathedral in London which they occupied as a protest.
Held: The application for leave to appeal failed. The only possible ground for appeal was on the . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 01 July 2022; Ref: scu.229228

Wildman, Regina (on the Application of) v The Office of Communications: Admn 25 Jul 2005

The claimant sought judicial review of an order quashing the decision of the Office of Communications to refuse a radio licence.
Held: The court should be very cautious before quashing a decision as to the allocation of broadcasting licences. It was OfCom to which the responsibility for making such a decision had been given. Its decision should be done only if it was shown that real unfairness or a significant error of law.

Judges:

Stanley Burnton J

Citations:

[2005] EWHC 1573 (Admin), Times 28-Sep-2005

Links:

Bailii

Statutes:

Broadcasting Act 1990 104, European Convention on Human Rights 810

Citing:

Cited – Regina v Department of Transport, ex parte Presvac Engineering Ltd 1992
In a judicial review application, the question of standing falls to be considered again in deciding whether the Court should exercise its discretion to grant relief: ‘The court must . . review at [the substantive] stage the question of sufficiency . .
Cited – Regina (TSW Broadcasting Ltd) v Independent Television Commission HL 1994
Lord Templeman said: ‘Judicial review does not issue merely because a decision maker has made a mistake and it is not permissible to probe the advice received by the decision maker or to require particulars or administer interrogatories or, as Mr . .
Cited – E v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
Cited – Regina v Director General of Telecommunications, Ex P Cellcom Ltd and others QBD 7-Dec-1998
The Director General of Telecommunications can quite properly use his powers and discretion to ensure competition in telecommunications by the granting and withholding of licences. He may take account of economic factors in making such a decision. . .
Cited – Demuth v Switzerland ECHR 5-Nov-2002
The court considered the licensing system for television broadcasts in Switzerland and concluded that it was capable of contributing to the quality and balance of programmes through the powers conferred on the government. It was therefore consistent . .
Lists of cited by and citing cases may be incomplete.

Media, Licensing, Human Rights

Updated: 01 July 2022; Ref: scu.229065

Secretary of State for the Home Department v Akaeke: CA 27 Jul 2005

The applicant sought asylum. The respondent delayed dealing with the application and her permit expired. She was to be returned to Nigeria from where she would have to apply again.
Held: Where because of the delay, her renewed application would be granted on the basis that to refuse it would interfere with her human rights to family life, it was not proportionate to have to return first to Nigeria to renew the application. A rigid policy of temporary exclusions was innecessary to maintain confidence in the system of immigration control. Carnwath LJ spoke of the effect of delay: ‘Once it is accepted that unreasonable delay on the part of the Secretary of State is capable of being a relevant factor, then the weight to be given to it in the particular case was a matter for the tribunal’

Judges:

Carnwath, Chadwick, Rix LJJ

Citations:

Times 23-Sep-2005, [2005] EWCA Civ 947, [2005] INLR 575

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – EB (Kosovo) v Secretary of State for the Home Department HL 25-Jun-2008
The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return.
Held: The adjudicator had failed to address the effect of delay. That was a relevant . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 01 July 2022; Ref: scu.229029

Copsey v WWB Devon Clays Ltd: CA 25 Jul 2005

The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays.
Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, so far as working hours are concerned, an employer is entitled to keep the workplace secular. In such cases an employee is not in general entitled to complain that there has been a material interference with his Article 9 rights.’ A reasonable employer, acting fairly was entitled to change his work practices.

Judges:

Mummery, Rix, Neuberger LJJ

Citations:

[2005] EWCA Civ 932, Times 25-Aug-2005, [2005] 1CR 1789, [2005] IRLR 811

Links:

Bailii

Statutes:

European Convention on Human Rights 9

Jurisdiction:

England and Wales

Citing:

Cited – Abernethy v Mott Hay and Anderson CA 1974
Lord Cairns said: ‘A reason for the dismissal of an employee is a set of facts known to the employer, or it may be of beliefs held by him, which cause him to dismiss the employee. If at the time of his dismissal the employer gives a reason for it, . .
Cited – Kokkinakis v Greece ECHR 25-May-1993
The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9.
Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the . .
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 – Bell v The Chief Constable of Greater Manchester Police CA 19-Jul-2005
The claimant had sued over the way he was treated by the respondent in a fraud investigation. The court had dismissed his claims for wrongful arrest and false imprisonment. A prosecution had been commenced but dropped. The judge had held the arrest . .
Cited – Stedman v United Kingdom ECHR 9-Apr-1997
(Commission) The applicant alleged that her dismissal for refusal to work on Sundays constituted a violation of her freedom to manifest her religion in worship, practice and observance, contrary to Article 9.
Held: The Commission first had to . .
Cited – Ahmad v United Kingdom ECHR 1981
(Commision) The applicant was a devout Muslim. His religious duty was to offer prayers on Fridays and to attend a mosque if possible. He was employed as a full time primary school teacher. He complained that he was forced to resign because he was . .
Cited – Konttinen v Finland ECHR 3-Dec-1996
(Commission) The applicant was a civil servant and a Seventh-day Adventist. He was dismissed for his refusal to continue working after sunset on Fridays. His contract required him to work on Friday evenings after sunset.
Held: The claim was . .
Cited – Ahmad v Inner London Education Authority EAT 1976
The appellant was a moslem junior school teacher. The Authority appealed an acceptance of his claim for unfair dismissal, having left his employment because he was not given time off to attend the mosque on Fridays. The Tribunal considered whether, . .
Cited – Ahmad v Inner London Education Authority CA 1977
The appellant said that his human rights were infringed when, as a moslem, he was refsued time off from his work as a primary school teacher to attend prayers at the mosque on Fridays. He had subsequentlly been re-instated part-time, but complained . .
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 – Kalac v Turkey ECHR 1-Jul-1997
In exercising his freedom to manifest his beliefs an individual ‘may need to take his specific situation into account.’ ‘The Commission recalls that the expression ‘in accordance with the law’, within the meaning of Article 9(2), requires first that . .
Cited – X v Y (Employment: Sex Offender) CA 28-May-2004
The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and . .
Cited – Smith and Grady v The United Kingdom ECHR 27-Sep-1999
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into . .
Appeal from – Copsey v WWB Devon Clays Ltd EAT 26-Nov-2003
EAT Disability Discrimination – Disability . .

Cited by:

Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Cited – McFarlane v Relate Avon Ltd CA 29-Apr-2010
The employee renewed his application for leave to appeal against refusal of his discrimination claim on the grounds of religious belief. He worked as a relationship sex therapist, and had signed up to the employer’s equal opportunities policy, but . .
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.

Employment, Human Rights

Updated: 01 July 2022; Ref: scu.228994

Commissioner of Police for the Metropolis v Hurst: CA 21 Jul 2005

The Commissioner appealed an order requiring the North London Coroner to re-open an inquest into a death of Mr Hurst. Following the adjournment a neighbour had been convicted of the murder. The commissioner argued that since the death had occurred before the coming into effect of the Human Rights Act, the coroner was not under the same duty to hold an inquest.
Held: The duty to apply a convention applied before its incorporation into English law under the 1998 Act, and particularly so where there was a discretion being exercised. Had the coroner taken those obligations into account, he would have ordered an inquest. McKerr had considered only obligations as created by the 1998 Act, not those which had existed before it. The coroner was to be required to re-open the inquest.

Judges:

Buxton, Sedley LJJ, Sir Martin Nourse

Citations:

[2005] EWCA Civ 890, Times 11-Aug-2005

Links:

Bailii

Statutes:

Coroners Act 1988 16(1), Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Lyons, Parnes, Ronson, Saunders HL 15-Nov-2002
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights.
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 . .
Lists of cited by and citing cases may be incomplete.

Police, Coroners, Human Rights

Updated: 01 July 2022; Ref: scu.228941

Kaplan v Turkey (No. 2): ECHR 15 Jul 2005

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

Citations:

6073/03, [2005] ECHR 499

Links:

Worldlii, Bailii

Human Rights

Updated: 01 July 2022; Ref: scu.228777

Kaplan v Turkey: ECHR 15 Jul 2005

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

Citations:

6759/03, [2005] ECHR 481

Links:

Worldlii, Bailii

Human Rights

Updated: 01 July 2022; Ref: scu.228778

Asenov v Bulgaria: ECHR 15 Jul 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-3 (not brought before a judge or other officer exercising judicial power); Violation of Art. 5-3 as regards the length of the pre-trial detention; Violation of Art. 5-4 as regards the right to a court review of the detention; Violation of Art. 5-1 (kept in detention despite a release order); Violation of Art. 6-1 as regards the length of criminal proceedings; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.

Citations:

42026/98, [2005] ECHR 479

Links:

Worldlii, Bailii

Human Rights

Updated: 01 July 2022; Ref: scu.228721

Trubnikov v Russia: ECHR 5 Jul 2005

ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 2 (obligation to protect the right to life); Violation of Art. 2 (obligation to provide an effective investigation); Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings.

Citations:

49790/99, [2005] ECHR 462

Links:

Worldlii, Bailii

Human Rights

Updated: 01 July 2022; Ref: scu.228734

Uner v The Netherlands: ECHR 5 Jul 2005

Where a court considered the expulsion of a non-national who was long settled but had been convicted of criminal offences, the interest and well-being of any child of the family must be considered.

Citations:

46410/99, [2005] ECHR 464, (2006) 45 EHRR 421

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Cited by:

See Also – Uner v The Netherlands ECHR 18-Oct-2006
(Grand Chamber) The court considered the application of article 8 considerations in extradition and similar proceedings, and said: ‘the best interests and well-being of the children, in particular the seriousness of the difficulties which any . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 01 July 2022; Ref: scu.228711

Moldovan And Others v Romania (No. 1): ECHR 12 Jul 2005

In 1993 a pogrom had taken place in a Roma village, resulting in a number of deaths and widespread destruction of property. The State, in the form of the local police, was alleged to have been implicated. Romania acceded to the Convention on 20 June 1994. Investigations into the pogrom, and proceedings arising out of it commenced in 1993 but continued up to 2000. The applicants sought to invoke the procedural obligation under article 2, and a parallel obligation arising under article 3, alleging various deficiencies in the investigations.
Held: The complaint was rejected. The Convention only applied with respect to Romania after the date of its accession; it did not apply to Romania at the time of the pogrom. Because the procedural obligation to conduct an effective investigation was ‘derived from’ the killings and the destruction of property, whose compatibility with the Convention could not be examined by the Court, it followed that the complaint of breach of the procedural obligations was also incompatible ratione temporis with the provisions of the Convention.

Citations:

64320/01, [2005] ECHR 473, 41138/98

Links:

Worldlii, Bailii

Citing:

Cited – East African Asians v United Kingdom ECHR 1973
(Commission) A group of Asian men, United Kingdom citizens, complained that, among other things, their Article 8 rights to respect for family life were infringed when they were refused permission to enter the United Kingdom to join their wives. The . .

Cited by:

Cited – Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .
Cited – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 01 July 2022; Ref: scu.228732

Lomaseita Oy And Others v Finland: ECHR 5 Jul 2005

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

Citations:

45029/98, [2005] ECHR 456

Links:

Worldlii, Bailii

Cited by:

See Also – Lomaseita Oy And Others v Finland ECHR 3-Dec-2009
. .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 01 July 2022; Ref: scu.228755

MG (Assessing Interference with Private Life) Serbia and Montenegro: IAT 30 Jun 2005

Sympathy for and admiration of an individual do not as such enhance or otherwise affect that person’s rights under article 8. Errors of law can occur if fact-finders fail to address question (2) of Lord Bingham’s five questions in Razgar [2004] UKHL 27.

Judges:

Lane SIJ

Citations:

[2005] UKAIT 00113

Links:

Bailii

Immigration, Human Rights

Updated: 01 July 2022; Ref: scu.228487

Saunders v Kingston: QBD 7 Jun 2005

The applicant a local councillor challenged a decision of the respondent, the ethical standards officer to disqualify him. He had made remarks about the deaths of british soldiers in Northern Ireland, which had been found to be disrespectful and deeply offensive.
Held: Though a councillor, the applicant must still have the freedom of speech of anybody else. The tribunal had failed to consider this freedom in its decision. It was wrong to seek to distinguish the applicant’s freedoms between when he acted as a member of the council and when he acted as a politician. A much reduced penalty was substituted.

Judges:

Wilkie J

Citations:

[2005] EWHC 1145 (Admin), Times 16-Jun-2005

Links:

Bailii

Statutes:

Local Government Act 2000 79(15)

Citing:

See Also – Neville Buckle Sanders v Kingston (No 2) QBD 14-Nov-2005
The applicant, a local councillor appealed against a finding of the local government tribunal leaidng to his suspension.
Held: The tribunal had an obligation to consider and start from the guidance issued under the Act, and have given an . .
Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights

Updated: 01 July 2022; Ref: scu.228503

Dansk Rorindustri v Commission C-207/02: ECJ 28 Jun 2005

(Competition)

Citations:

C-207/02, [2005] EUECJ C-207/02

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Dansk Rorindustri v Commission C-206/02 ECJ 28-Jun-2005
(Competition) . .

Cited by:

See also – Dansk Rorindustri v Commission (Competition) ECJ 28-Jun-2005
. .
Lists of cited by and citing cases may be incomplete.

Commercial, Human Rights

Updated: 01 July 2022; Ref: scu.227966

Dansk Rorindustri v Commission C-213/02: ECFI 28 Jun 2005

(Competition)

Citations:

[2005] EUECJ C-213/02

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Dansk Rorindustri v Commission C-206/02 ECJ 28-Jun-2005
(Competition) . .
See Also – Dansk Rorindustri v Commission C-189/02 ECJ 28-Jun-2005
(Competition) . .
Lists of cited by and citing cases may be incomplete.

Commercial, Human Rights

Updated: 01 July 2022; Ref: scu.227968

Caille v France: ECHR 5 Oct 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses partial award – Convention proceedings.

Citations:

3455/02, [2004] ECHR 467

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227878

Dansk Rorindustri v Commission C-206/02: ECJ 28 Jun 2005

(Competition)

Citations:

[2005] EUECJ C-206/02

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Dansk Rorindustri v Commission C-207/02 ECJ 28-Jun-2005
(Competition) . .
See Also – Dansk Rorindustri v Commission C-213/02 ECFI 28-Jun-2005
(Competition) . .
Lists of cited by and citing cases may be incomplete.

Commercial, Human Rights

Updated: 01 July 2022; Ref: scu.227965

Fojcik v Poland: ECHR 21 Sep 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award.

Citations:

57670/00, [2004] ECHR 423

Links:

Worldlii, Bailii

Human Rights

Updated: 01 July 2022; Ref: scu.227842

Vaney v France: ECHR 30 Nov 2004

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

Citations:

53946/00, [2004] ECHR 660, [2004] ECHR 660, [2010] ECHR 1879

Links:

Worldlii, Bailii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227808

Janas v Poland: ECHR 21 Sep 2004

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

Citations:

61454/00, [2004] ECHR 425

Links:

Worldlii, Bailii

Human Rights

Updated: 01 July 2022; Ref: scu.227838

Sahindogan v Turkey: ECHR 30 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Not necessary to examine Art. 6-3-c; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings.

Citations:

54545/00, [2004] ECHR 659

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227807

Onnikian v France: ECHR 5 Oct 2004

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

Citations:

15816/02, [2004] ECHR 482

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227877

Kuibishev v Bulgaria: ECHR 30 Sep 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-3 with regard to right to be brought promptly before a judge; Violation of Art. 5-3 with regard to length of pre-trial detention; Violation of Art. 5-4; No violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.

Citations:

39271/98, [2004] ECHR 459, [2009] ECHR 1688

Links:

Worldlii, Bailii, Bailii

Human Rights

Updated: 01 July 2022; Ref: scu.227817

Vrana v The Czech Republic: ECHR 30 Nov 2004

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

Citations:

70846/01, [2004] ECHR 661, [2004] ECHR 661

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227809

Zovanovic v Croatia: ECHR 9 Dec 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Not necessary to examine Art. 13; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim rejected; Costs and expenses award – Convention proceedings.

Citations:

12877/02, [2004] ECHR 676

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227718

Bakalov v Ukraine: ECHR 30 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objections dismissed (victim, non-exhaustion of domestic remedies); Violation of Art. 6-1; Violation of P1-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award.

Citations:

14201/02, [2004] ECHR 649, [2004] ECHR 649

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227800

Prokopovich v Russia: ECHR 18 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (estoppel); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award.

Citations:

58255/00, [2004] ECHR 642

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 8

Cited by:

Judgment – Prokopovich v Russia ECHR 8-Aug-2011
Execution of the judgment – This case concerns the applicant’s forcible eviction from a flat after the death of her late partner who held tenancy rights to the flat. The Court noted that domestic law permitted eviction only on grounds established by . .
Cited – ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham SC 12-Nov-2014
The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 01 July 2022; Ref: scu.227758

Giuseppina And Orestina Procaccini v Italy: ECHR 10 Nov 2004

ECHR (French Text) Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.

Citations:

65075/01, [2004] ECHR 615

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Giuseppina And Orestina Procaccini v Italy ECHR 29-Mar-2006
The complainants said that the damages awarded for the delay in hearing their civil case were derisory. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Damages

Updated: 01 July 2022; Ref: scu.227787

Dragicevic v Croatia: ECHR 9 Dec 2004

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

Citations:

11814/02, [2004] ECHR 669

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227717

Martinez Sala And Others v Spain: ECHR 2 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – No violation of Art. 3 regarding the allegations of ill-treatments; Violation of Art. 3 regarding the lack of effective investigation; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses partial award – Convention proceedings.
ECHR Court found that the Spanish authorities had failed to carry out an effective official investigation into the applicants’ allegations that they were ill-treated in police custody when arrested in the summer of 1992, shortly before the Olympic Games in Barcelona, in connection with an investigation into terrorist offences.
No violation of Article 3 (prohibition of inhuman and degrading treatment)
Violation of Article 3 (investigation)

Citations:

58438/00, [2004] ECHR 582

Links:

Wordlii, Bailii

Jurisdiction:

Human Rights

Cited by:

Judgment – Martinez Sala And Others v Spain ECHR 8-Aug-2011
Execution of the judgments of the European Court of Human Rights . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons

Updated: 01 July 2022; Ref: scu.227731

AK and VK v Turkey: ECHR 30 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – Non violation of Art. 2 with regard to death; Violation of Art. 2 with regard to lack of effective investigation; Non violation of Art. 3; Violation of Art. 13; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award.

Citations:

38418/97, [2004] ECHR 648, [2004] ECHR 648

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227742

Zaskiewicz v Poland: ECHR 30 Nov 2004

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

Citations:

46072/99;46076/99, [2004] ECHR 662, [2004] ECHR 662

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227802

Kos v The Czech Republic: ECHR 30 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 concerning the length of proceedings; Inadmissible under Art. 6-1 concerning the length of the other set of proceedings; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings.

Citations:

75546/01, [2004] ECHR 655, [2004] ECHR 655

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227805

Klyakhin v Russia: ECHR 30 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 6-1; Violation of Art. 13+6; Violation of Art. 8; No violation of Art. 13+8; Violation of Art. 34; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.

Citations:

46082/99, [2004] ECHR 654, [2004] ECHR 654

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227741

Karasova v The Czech Republic: ECHR 30 Nov 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 concerning the length of proceedings; Inadmissible under Art. 6-1 concerning the fairness of the proceedings; Inadmissible under P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses – claim rejected.

Citations:

71545/01, [2004] ECHR 653, [2004] ECHR 653

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227804

Sejdovic v Italy: ECHR 10 Nov 2004

The claimant had been tried and convicted of manslaughter in his absence. The respondent said that he had waived his right to appear at trial by becoming untraceable.
Held: The claim succeeded: ‘The Court re-iterates that neither the letter nor the spirit of article 6 of the Convention prevents a person from waiving of his own free will, either expressly or tacitly, the entitlement to the guarantees of a fair trial; however, any such waiver must be made in an unequivocal manner and must not run counter to any important public interest.’
To inform someone of a prosecution brought against him was a legal act of such importance that it must be carried out in accordance with procedural and substantive requirements capable of guaranteeing the exercise of the accused’s rights. Even supposing that the applicant was indirectly aware that criminal proceedings had been opened against him, it could not be inferred that he had unequivocally waived his right to appear at his trial. As for the question of safeguards: ‘It remains to be determined whether the domestic legislation afforded him with sufficient certainty the opportunity of appearing at a new trial.’
That safeguard was absent, as the remedy that the criminal procedure code provided did not guarantee with sufficient certainty that the applicant would have the opportunity of appearing at a new trial to present his defence.

Citations:

56581/00, [2004] ECHR 620, (2004) 42 EHRR 360

Links:

Worldlii, Bailii, Bailii

Cited by:

See Also – Sejdovic v Italy ECHR 1-Mar-2006
. .
Cited – McGowan (Procurator Fiscal) v B SC 23-Nov-2011
The appellant complained that after arrest, though he had been advised of his right to legal advice, and had declined the offer, it was still wrong to have his subsequent interview relied upon at his trial.
Held: It was not incompatible with . .
Cited – McGowan (Procurator Fiscal) v B SC 23-Nov-2011
The appellant complained that after arrest, though he had been advised of his right to legal advice, and had declined the offer, it was still wrong to have his subsequent interview relied upon at his trial.
Held: It was not incompatible with . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 01 July 2022; Ref: scu.227748

Elden v Turkey: ECHR 9 Dec 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 10; Violation of Art. 6-1; Not necessary to examine Art. 6-3-b; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award.

Citations:

40985/98, [2004] ECHR 670

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227716

Buzatu v Romania: ECHR 27 Jan 2005

ECHR Judgment (Just Satisfaction) – Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.

Citations:

34642/97, [2005] ECHR 40

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Buzatu v Romania ECHR 1-Jun-2004
. .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 01 July 2022; Ref: scu.227656

Makaratzis v Greece: ECHR 20 Dec 2004

Police had shot at the applicant’s car being driven through road blocks. The claimant was injured. After an administrative investigation seven police officers were prosecuted but acquitted.
Held: There had been striking omissions in the conduct of the investigation which had prevented the national court from making as full a finding of fact in the criminal trial as it might otherwise have done. Accordingly the authorities had failed to carry out an effective investigation of the incident and that there had been a violation of article 2: ‘The obligation to protect the right to life under Article 2 of the Convention, read in conjunction with the state’s general duty under Article 1 to ‘secure to everyone within [its] jurisdiction the rights and freedoms defined in [the] Convention’, requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force. The essential purpose of such an investigation is to secure the effective implementation of the domestic laws safeguarding the right to life and, in those cases involving state agents or bodies, to ensure their accountability for deaths occurring under their responsibility. Since often, in practice, the true circumstances of the death in such cases are largely confined within the knowledge of state officials or authorities, the bringing of appropriate domestic proceedings, such as a criminal prosecution, disciplinary proceedings and proceedings for the exercise of remedies available to victims and their families, will be conditioned by an adequate official investigation, which must be independent and impartial. The same reasoning applies in the case under consideration, where the Court has found that the force used by the police against the applicant endangered his life.’

Citations:

50385/99, (2004) 41 EHRR 1092, [2004] ECHR 694

Links:

Worldlii, Bailii

Cited by:

Cited – JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department HL 26-Nov-2008
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this.
Held: There existed a similar duty to hold an enhanced . .
Cited – Sarjantson v Humberside Police CA 18-Oct-2013
The claimant had been severely injured in an attack by a group of young men. He said that the defendant had failed in its duty to protect him and his family. He now appealed against the action being struck out.
Held: the judge’s interpretation . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 01 July 2022; Ref: scu.227682

Tekin And Tastan v Turkey: ECHR 11 Jan 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Not necessary to examine Art. 6-3-c; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings.

Citations:

69515/01, [2005] ECHR 9

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 01 July 2022; Ref: scu.227669