swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Human Rights - From: 1997 To: 1997
This page lists 195 cases, and was prepared on 28 July 2015.
A and Byrne and Twenty Twenty Television -v- United Kingdom (1997) 25 EHRR CD159
1997
ECHR
Human Rights
The applicants claimed the protection of articles 8 and 10. The court noted 'the relative similarity of the tests to be applied in the context of the necessity of the interference under Articles 8 and 10'.
European Convention on Human Rights 8 10
1 Citers
Havard -v- United Kingdom 38882/97
1997
ECHR
Human Rights
1 Citers
Jacupovic -v- Austria 36757/97
1997
ECHR
Human Rights
D -v- United Kingdom; ECHR 1997 - (1997) 24 EHRR 423; 30240/96
Regina -v- Gokal, Abas Kassimali; CACD 1997 - [1997] 2 CR App R 266
Applicant A & Another -v- Minister for Immigration and Ethnic Affairs & Another (1997) 2 BHRC 143; [1997] HCA 4
1997
Dawson, McHugh and Gunmow JJ; Brennan CJ and Kirby J (dissenting)
Commonwealth, Immigration, Human Rights
(High Court of Australia) A Chinese asylum seeker was not entitled to refugee status on the basis of well-founded fear of persecution by forcible sterilisation by reason of his membership of a "particular social group", namely all fathers of families who had already produced one child, if returned to China under that country's "One Child Policy" Held: "By including in its operative provisions the requirement that a refugee fear persecution, the convention limits humanitarian scope and does not afford universal protection to asylum seekers. No matter how devastating may be epidemic, natural disaster or famine, a person fleeing them is not a refugee within the terms of the convention. And by incorporating the five convention reasons the convention plainly contemplates that there will even be persons fleeing persecution who will not be able to gain asylum as refugees."
1 Citers
Klip and Kruger -v- Netherlands 33257/96; 91 A-DR 66
1997
ECHR
Human Rights
The Commission heard a complaint that the parties' article 12 rights were infringed because under Dutch Act on prevention and suppression of marriages of convenience, there had to be a systematic examination of all intended marriages involving aliens. This required the parties covered by the legislation to provide statements, which could lead the public prosecutor to oppose a marriage if the primary purpose of one or both of the parties wishing to get married was to obtain entry into the Netherlands. The applicants complained that; "the exercise of [their article 12] right to marry was unjustly delayed on discriminatory and humiliating grounds, i.e. an investigation into the motives of their marriage, which went beyond the limits accepted under the Commission's case- law". Held: The complaint was manifestly ill-founded. It considered the requirement for parties proposing to marry to provide statements before consent to the marriage could be given before concluding that: "the purpose of [the rules] is to prevent marriages of convenience between Dutch nationals and aliens for immigration purposes. In this respect the Commission recalls that the Dutch immigration policy is clearly related to the economic well-being of the country, in particular to the authorities' concern, given the population density in the Netherlands, to regulate the labour market.
Although in the circumstances of the present case the relevance of the statement at issue may be questionable, the Commission cannot find the limitation at issue may be questionable, the Commission cannot find the limitation at issue, namely the applicants obligation to submit a statement. to be contrary to article 12..."
European Convention on Human Rights 12
1 Citers
ELH and PBH -v- United Kingdom; ECHR 1997 - (1997) 91 A-DR 61
Regina -v- Secretary of State ex parte Toner and Walsh [1997] NIQB 18
1997
NIQB
Northern Ireland, Human Rights, Prisons, Elections
The claimants sought damages saying that the respondent had infringed their human rights in removing their right to vote in an election whilst serving prison sentences.
1 Citers
Albany Home Loans Ltd -v- Massey; CA 1997 - [1997] 2 All ER 609
Bernaid Roger Tap1E -v- France 32258/96; [1997] ECHR 186; [1997] ECHR 186
13 Jan 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ] - [ Bailii ]
Paul Touvier -v- France 29420/95; [1997] ECHR 185
13 Jan 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
SP -v- United Kingdom 28915/95; [1997] ECHR 204
17 Jan 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Jones and Lloyd -v- Director of Public Prosecutions; Admn 23-Jan-1997 - Gazette, 12 February 1997; Times, 27 January 1997; [1997] EWHC Admin 55; [1997] 2 All ER 199
Bouchelkia -v- France 23078/93; (1997) 25 EHRR 228; [1997] ECHR 1; [1997] ECHR 1
29 Jan 1997
ECHR
Human Rights
1 Cites
[ Bailii ] - [ ECHR ] - [ Bailii ]
In Re Bank of Credit and Commerce International Sa (In Liquidation) (No 11) Times, 10 February 1997
10 Feb 1997
ChD
Human Rights, Insolvency
The presumption of innocence does not protect a suspect by providing a right of silence in a complex fraud investigation.
Insolvency Act 1986 236
Niderost-Huber -v- Switzerland 18990/91; [1997] ECHR 3
18 Feb 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Mauer -v- Austria 16566/90; [1997] ECHR 2
18 Feb 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Mauer -v- Austria 16566/90 ; 16898/90
18 Feb 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Not necessary to examine Art. 6-3-c; Not necessary to examine Art. 6-3-d; Non-pecuniary damage - finding of violation sufficient; Pecuniary damage - claim rejected; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
Niderost-Huber -v- Switzerland 18990/91; [1997] ECHR 3
18 Feb 1997
ECHR
Human Rights
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 award - Convention proceedings
[ Bailii ] - [ ECHR ]
Mauer -v- Austria 16566/90;16898/90; [1997] ECHR 2
18 Feb 1997
ECHR
Human Rights
ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 6-3-c; Not necessary to examine Art. 6-3-d; Non-pecuniary damage - finding of violation sufficient; Pecuniary damage - claim rejected; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings.
[ ECHR ] - [ Bailii ]
Laskey, Jaggard and Brown -v- The United Kingdom Times, 20 February 1997; 21826/93; 21627/93; 21974/93; [1997] 24 EHRR 39; [1997] ECHR 4
19 Feb 1997
ECHR
Human Rights, Crime
A prosecution for sado-masochist acts was a necessary invasion of privacy to protect health. The Court found no violation where applicants were imprisoned as a result of sado-masochistic activities captured on video tape when police obtained possession of them. Although all male defendants in that case consented, they were charged with assault and wounding and sentenced to imprisonment. There was no unjustifiable interference.
A criminal conviction cannot constitute an interference with the right to respect for private life under Article 8, unless there are special circumstances in a particular case calling for a different conclusion.
European Convention on Human Rights 8
1 Cites
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Van Raalte -v- The Netherlands [1997] ECHR 6; 20060/92; 24 EHRR 503; [1997] ECHR 6
21 Feb 1997
ECHR
Human Rights
A was an unmarried childless man over 45 complaining of a law which exempted unmarried childless women over 45 from paying contributions under the General Child Benefits Act. Apart from the exempted women, the entire adult population was subject to the Act, both as contributors and as potential beneficiaries. Held: A breach of article 14 read with article 1 of the First Protocol was found. The exemption for women had been abolished in 1989 but judgment was not given until 1997. The court rejected a claim for repayment of the contributions from which the applicant would have been exempt if he had been a woman.
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Guillemin -v- France [1997] ECHR 5; [1998] ECHR 80; 19632/92; [1997] ECHR 5
21 Feb 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of P1-1; Pecuniary damage - reserved; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
De Haes and Gijsels -v- Belgium (1997) 25 EHRR 1; 19983/92; [1997] ECHR 7
24 Feb 1997
ECHR
Human Rights, Media
The court emphasised that the press plays an essential role in a democratic society. The court trenchantly observed "It is incumbent on the press to impart information and ideas of public interest. Not only does the press have the task of imparting such information and ideas: the public also has a right to receive them." It is central to the concept of a fair trial whether civil or criminal, that a litigant should not be denied the opportunity to present his case, and should enjoy equality of arms. Equality of arms is a procedural aspect: it seeks to ensure that the defendant does not suffer an unfair procedural disadvantage.
European Convention on Human Rights 810
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Z -v- Finland; ECHR 25-Feb-1997 - 22009/93; (1997) 25 EHRR 371; [1997] ECHR 10
Gregory -v- The United Kingdom; ECHR 25-Feb-1997 - Times, 27 February 1997; 22299/93; (1997) 25 EHRR 577; [1997] ECHR 9
Findlay -v- The United Kingdom Times, 27 February 1997; 110/1995/616/706; 22107/93; (1997) 24 EHRR 221; [1997] ECHR 8; [2011] ECHR 1668
25 Feb 1997
ECHR
Criminal Practice, Human Rights, Armed Forces
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 the power in prescribed circumstances to dissolve the court-martial either before or during the trial. The Strasbourg Court noted that all members of the court-martial fell within the chain of command of the Convening Officer with the result that the applicant's doubts about the Tribunal's independence and impartiality could be objectively justified. Held: The procedures are unfair. The convening officer has too much influence over the court. For a Tribunal to be impartial and independent "it must also be impartial for an objective viewpoint, that is it must offer sufficient guarantees to exclude any legitimate doubt in this respect." There were fundamental flaws in the court-martial system and "Nor could the defects referred to above be corrected by any subsequent review of proceedings. Since the applicant's hearing was concerned with serious charges classified as "criminal" under both domestic and Convention law, he was entitled to a first instance tribunal which fully met with the requirements of Article 6 (1)".
Army Act 1955 - European Convention on Human Rights Art 6.1
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Hocine Rebai And Others -v- France 26561/95; [1997] ECHR 183
25 Feb 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Findlay -v- United Kingdom [1997] ECHR 8; (1997) 24 EHRR 221; 22107/93
25 Feb 1997
ECHR
Ryssdal P
Human Rights
[ Bailii ]
Talmon -v- The Netherlands; ECHR 26-Feb-1997 - 30300/96; [1997] ECHR 207
Alain Milhaud -v- France 23201/94; [1997] ECHR 181
3 Mar 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Sadik Ahmet Sadik -v- Greece 25759/04; [1997] ECHR 182
6 Mar 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Regina -v- Lord Chancellor ex parte John Witham; Admn 7-Mar-1997 - Times, 14 March 1997; [1997] EWHC Admin 237; [1998] QB 575
Regina -v- Secretary of State For The Home Department, Ex Parte Launder; HL 13-Mar-1997 - Gazette, 18 June 1997; Times, 26 May 1997; [1997] 1 WLR 839; [1997] UKHL 20; [1997] 3 All ER 992
Neigel -v- France [1997] ECHR 12; 18725/91; [1997] ECHR 12
17 Mar 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Muller -v- France [1997] ECHR 11; 21802/93; [1997] ECHR 11
17 Mar 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Foucher -v- France [1997] ECHR 13; 22209/93; [1997] ECHR 13
18 Mar 1997
ECHR
Human Rights
Hudoc Violation of Art. 6-1; Violation of Art. 6-3; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award
[ Bailii ] - [ ECHR ] - [ Bailii ]
Mantovanelli -v- France [1997] ECHR 14; 21497/93; (1997) 24 EHRR 370
18 Mar 1997
ECHR
Human Rights
Hudoc Violation of Art. 6-1; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention proceedings
An alleged Article 6 breach has to be considered in the overall context of the case, and is not to be addressed in relation to any one, discrete aspect of it. The court emphasised the significance of the right to an adversarial hearing guaranteed by Article 6 specifically in the context of an expert's report which was "likely to have a preponderant influence on the assessment of the facts by [the] court."
European Convention on Human Rights 6
1 Citers
[ Worldlii ] - [ Bailii ]
Paskhalidis And Others -v- Greece 20418/92; [1997] ECHR 16; 20416/92; 20417/92
19 Mar 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Mr Karatzalidis Struck Out Of The List; Violation Of Art 6-1 ; Non-Pecuniary Damage - Financial Award; Costs And Expenses Award - Domestic Proceedings ; Costs And Expenses Award - Convention Proceedings 20417/92; 20416/92; 20418/92; 20419/92; 20420/92; 20421/92; 20422/92; 20423/92; 20424/92; 20425/92; 20426/92; 20427/92; 20428/92; 20673/92; 20674/92; 20675/92; 20718/92; 20719/92; 20720/92; 20722/92; 20725/92; 20726/92; 20727/92; 20738/92; 21716/93; 21718/93; 21719/93; 21270/93; 21721/93; 21722/93; 21724/93; 21725/93; 21726/93; 21727/93; 21728/93; 21729/93; 21730/93; 21731/93; 21734/93; 21735/93; 21736/93; 21737/93; 21738/93; 21740/93; 21742/93; 21744/93; 21745/93; 21746/93; 21747/93; 21748/93; 21750/93; 21998/93; 22000/93; 20721/92; 20723/92; 20724/92; 22213/93; 22214/93; 22215/93; 22216/93; 22217/93; 22218/93; 22220/93; 22221/93
19 Mar 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Case of Mr. Karatzalidis struck out of the list; Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings
Hornsby -v- Greece 18357/91; (1997) 24 EHRR 250; [1997] ECHR 15; [1998] ECHR 26; [1998] ECHR 26; [1997] ECHR 15
19 Mar 1997
ECHR
Human Rights, Children
Hudoc Violation of Art. 6-1; Preliminary objection rejected; Just satisfaction reserved - Judgment (Just satisfaction) Pecuniary damage - financial award; Non-pecuniary damage - financial award
The rights recognised under the Convention must be given effect to by signatory states.
1 Citers
[ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
Paskhalidis And Others -v- Greece 20416/92; [1997] ECHR 16
19 Mar 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Paskhalidis And Others -v- Greece 20416/92;20417/92;20418/92;
19 Mar 1997
ECHR
Human Rights
ECHR Judgment (Merits and Just Satisfaction) - Case of Mr Karatzalidis struck out of the list; Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings.
[ ECHR ]
Lukanov -v- Bulgaria [1997] ECHR 18; 21915/93; [1997] ECHR 18; [1995] ECHR 60
20 Mar 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1; Not necessary to examine Art. 18; Just satisfaction rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
BeÏS -v- Greece [1997] ECHR 17; 22045/93; [1997] ECHR 17
20 Mar 1997
ECHR
Human Rights
Hudoc Judgment (Preliminary objections) Preliminary objection allowed (non-exhaustion)
[ Bailii ] - [ ECHR ] - [ Bailii ]
Barony of Moynihan Times, 28 March 1997
28 Mar 1997
HL
Human Rights, Constitutional
Blood Tests were admissible in Peerage claims. A right of peerage is not a possession.
Convention for the Protection of Human Rights and Fundamental Freedoms 1953 (1953 Cmd 8969)
P L -v- France [1997] ECHR 19; 21503/93; [1997] ECHR 19
2 Apr 1997
ECHR
Human Rights
Hudoc Struck out of the list (arrangement)
[ Bailii ] - [ ECHR ] - [ Bailii ]
Johannische Kirche & Peters -v- Germany 41754/98; [1997] ECHR 179
7 Apr 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Grupo Interpres Sa -v- Spain; ECHR 7-Apr-1997 - 32849/96; [1997] ECHR 196
Mohamed Slimane Kaid -v- France 28073/95; [1997] ECHR 192
7 Apr 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Buscarini And Others -v- San Marino 24645/94; [1997] ECHR 188
7 Apr 1997
ECHR
Human Rights
Hudoc Elected MPs complained that they were not allowed to take their seats unless they swore an oath in religious form.
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Louis Andre -v- France 26932/95; [1997] ECHR 190
7 Apr 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Scientology Kirche Deutschland -v- Germany 34614/97; [1997] ECHR 197
7 Apr 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Stedman -v- United Kingdom (1997) 23 EHRR CD 168; 29107/95; [1997] ECHR 178
9 Apr 1997
ECHR
Human Rights
(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 consider whether in fact the applicant was dismissed for refusing on religious grounds to accept a contract which meant she would have to work on Sundays, constituted a prima facie interference with her Art 9 rights. The applicant was dismissed for failing to agree to work certain hours rather than for her religious beliefs as such. The dismissal did not amount to an interference with her right under Article 9. Her complaint was therefore manifestly ill-founded under Article 27(2).
European Convention on Human Rights 9
1 Citers
[ Bailii ]
Regina -v- Secretary of State for Defence Ex Parte Perkins; CA 9-Apr-1997 - Gazette, 09 April 1997; Times, 08 April 1997
X, Y and Z -v- The United Kingdom; ECHR 22-Apr-1997 - Gazette, 30 April 1997; Times, 23 April 1997; 21830/93; [1997] 24 EHRR 143; [1997] ECHR 20
Van Mechelen And Others -v- The Netherlands (1997) 25 EHRR 647; [1997] ECHR 22; 2 BHRC 486; 21427/93; 21363/93
23 Apr 1997
ECHR
Human Rights, Criminal Practice
A Dutch court had convicted the applicants of attempted manslaughter and robbery on the basis of statements made, before their trial, by anonymous police officers, none of whom gave evidence before the Regional Court or the investigating judge. The Court of Appeal referred the case to the investigating judge who arranged hearings in which he, a registrar and the anonymous witnesses were in one room, while the applicants, their lawyers and the Advocate General were in another room. The two rooms were connected by a sound link only. Held: There had been a breach of article 6(3)(d) since the defence were not only unaware of the identity of the police witnesses but were also prevented from observing their demeanour under direct questioning, and thus from testing their reliability. It had not been explained to the Court's satisfaction why it was necessary to resort to such extreme limitations on the right of the accused to have the evidence against them given in their presence, or why less far-reaching measures were not considered. Any handicaps placed on the defence in criminal proceedings should be sufficiently counterbalanced by the procedures allowed by the judicial authorities, and "Having regard to the place that the right to a fair administration of justice holds in a democratic society, any measures restricting the rights of the defence should be strictly necessary. If a less restrictive measure can suffice then that measure should be applied".
ECHR Judgment (Merits and just satisfaction) - Violation of Art. 6-1+6-3-d; Just satisfaction reserved; Costs and expenses award - Convention proceedings.
European Convention on Human Rights 6.1
1 Citers
[ Worldlii ] - [ Bailii ]
Stallinger And Kuso -v- Austria 14696/89;14697/89; [1997] ECHR 21
23 Apr 1997
ECHR
Human Rights
ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention proceedings; Costs and expenses partial award - domestic proceedings.
[ ECHR ] - [ Bailii ]
Stallinger And Kuso -v- Austria 14696/89; [1997] ECHR 21; 14697/89
23 Apr 1997
ECHR
Human Rights
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 award - Convention proceedings; Costs and expenses partial award - domestic proceedings
[ Bailii ]
Breen -v- Chief Constable of Dumfries and Galloway Times, 24 April 1997
24 Apr 1997
IHCS
Human Rights
A suspect was properly detained pending a decision by the Home Secretary on whether to make a terrorist expulsion order.
Suppression of Terrorism (Supplementary TemporaryProvisions) Order 1984
Regina -v- Institute of Chartered Accountants In England and Wales ex parte Nawaz [1997] EWCA Civ 1530
25 Apr 1997
CA
Judicial Review, Human Rights
1 Cites
1 Citers
[ Bailii ]
Pardo -v- France (Revision - Merits) 13416/87
29 Apr 1997
ECHR
Human Rights
H L R -v- France 24573/94; (1997) 26 EHRR 29; [1997] ECHR 23; [1997] ECHR 23
29 Apr 1997
ECHR
Human Rights
"Owing to the absolute character of the right guaranteed, the court does not rule out the possibility that article 3 of the Convention may also apply where the danger emanates from persons or groups of persons who are not public officials. However, it must be shown that the risk is real and that the authorities of the receiving state are not able to obviate the risk by providing appropriate protection."
European Convention on Human Rights 3
1 Cites
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Pardo -v- France (Revision - Merits) 13416/87; [1997] ECHR 24
29 Apr 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
In re E (Minors) (Residence Orders: Imposition of Conditions); CA 30-Apr-1997 - Times, 16 May 1997; [1997] EWCA Civ 1566; [1997] 2 FLR 638; [1997] EWCA Civ 3084
D -v- The United Kingdom Times, 12 May 1997; 146/1996/767/964; (1997) 24 EHRR 423; 30240/96; [1997] ECHR 25
2 May 1997
ECHR
Immigration, Human Rights
The applicant, an AIDS sufferer, resisted his removal to St Kitts where lack of medical treatment would hasten his death. Held: Deportation of convicted person suffering from Aids to country with less care facilities was inhuman or degrading treatment. "70. In its Vilvarajah and Others judgment and its Soering judgment the Court considered judicial review proceedings to be an effective remedy in relation to the complaints raised under Article 3 in the contexts of deportation and extradition. It was satisfied that English courts could effectively control the legality of executive discretion on substantive and procedural grounds and quash decisions as appropriate. It was also accepted that a court in the exercise of its powers of judicial review would have power to quash a decision to expel or deport an individual to a country where it was established that there was a serious risk of inhuman or degrading treatment, on the ground that in all the circumstances of the case the decision was one that no reasonable Secretary of State could take. 72. The applicant maintained that the effectiveness of the remedy invoked first before the High Court and subsequently before the Court of Appeal was undermined on account of their failure to conduct an independent scrutiny of the facts in order to determine whether they disclosed a real risk that he would be exposed to inhuman and degrading treatment. He relied on the reasoning in the Chahal v United Kingdom judgment. However the Court notes that in that case the domestic courts were precluded from reviewing the factual basis underlying the national security considerations invoked by the Home Secretary to justify the expulsion of Mr Chahal. No such considerations arise in the case at issue."
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Not necessary to examine Art. 2; Not necessary to examine Art. 8; No violation of Art. 13; Costs and expenses partial award - Convention proceedings
European Convention on Human Rights Art 3
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Regina -v- Secretary of State for Home Department ex parte Bensaid [1997] EWHC Admin 450
8 May 1997
Admn
Immigration, Human Rights
1 Citers
[ Bailii ]
Massimo Carlotto -v- Italy 22420/93; [1997] ECHR 187
20 May 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Enrico Luksch -v- Germany 35385/97; [1997] ECHR 198
21 May 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Luksch -v- Italy 27614/95; [1997] ECHR 191
21 May 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
In Re W (A Minor) (Adoption: Homosexual Adopter); FD 21-May-1997 - Times, 21 May 1997; Gazette, 18 June 1997; [1998] Fam 58
Alexandre Moussa -v- France 28897/95; [1997] ECHR 193
21 May 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Aslan -v- Turkey 22491/93; [1997] ECHR 199
22 May 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Trivedi -v- United Kingdom 31700/96; [1997] ECHR 202; (1997) 89-A DR 136
27 May 1997
ECHR
Human Rights
European Convention on Human Rights
1 Citers
[ Bailii ]
Eriksen -v- Norway [1997] ECHR 26; 17391/90; [1997] ECHR 26
27 May 1997
ECHR
Human Rights
Hudoc No violation of Art. 5-1; No violation of Art. 5-3
[ Bailii ] - [ ECHR ] - [ Bailii ]
Pauger -v- Austria [1997] ECHR 27; 16717/90; [1997] ECHR 27
28 May 1997
ECHR
Human Rights
Hudoc No violation of Art. 6-1; Not necessary to examine Art. 27-1-b
[ Bailii ] - [ ECHR ] - [ Bailii ]
Tsirlis And Kouloumpas -v- Greece 19233/91;19234/91; [1997] ECHR 29
29 May 1997
ECHR
Human Rights
ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 5-1; Violation of Art. 5-5; No violation of Art. 3; Not necessary to examine Art. 9; Not necessary to examine Art. 14+9; Not necessary to examine Art. 6-1; Not necessary to examine Art. 13; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings.
[ ECHR ] - [ Bailii ]
Tsirlis And Kouloumpas -v- Greece 19234/91; 19233/91; [1997] ECHR 29
29 May 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1; Violation of Art. 5-5; No violation of Art. 3; Not necessary to examine Art. 9; Not necessary to examine Art. 14+9; Not necessary to examine Art. 6-1; Not necessary to examine Art. 13; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ]
Georgiadis -v- Greece [1997] ECHR 28; 21522/93; [1997] ECHR 28
29 May 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Not necessary to examine Art. 13; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Her Majesty's Attorney General -v- Rowan Gavin Paton Menzies CA Civ 1777
4 Jun 1997
CA
Human Rights, Litigation Practice
The appellant appealed an order declaring him a vexatious litigant. He had been involved in a whole series of attempts to set aside a judge's decision from 1990. He asserted that the party who had made the application for the declaration, the Attorney General, was the very party whose actions had interfered with his attempts to obtain justice. In the circumstances the refusal to give him leave to apply for leave for judicial review was to be allowed to go ahead, and the current proceedings were adjourned to allow this to go ahead.
Supreme Court Act 1981 42
[ Bailii ]
Telesystem Tirol Kabeltelevision -v- Austria [1997] ECHR 31; 19182/91; [1997] ECHR 31
9 Jun 1997
ECHR
Human Rights
Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement)
[ Bailii ] - [ ECHR ] - [ Bailii ]
Pentidis And Others -v- Greece [1997] ECHR 30; 23238/94; [1997] ECHR 30
9 Jun 1997
ECHR
Human Rights
Hudoc Struck out of the list (friendly settlement)
[ Bailii ] - [ ECHR ] - [ Bailii ]
Regina -v- Secretary of State For The Home Department, Ex Parte Venables, Regina -v- Secretary of State For The Home Department, Ex Parte Thompson; HL 12-Jun-1997 - Gazette, 10 September 1997; [1997] Fam Law 786; [1998] AC 407; [1997] UKHL 25; [1997] 3 All ER 97; [1997] 3 WLR 23; [1997] 2 FLR 471
Halford -v- The United Kingdom; ECHR 25-Jun-1997 - Times, 03 July 1997; 20605/92; [1997] 24 EHRR 523; [1997] ECHR 32
Van Orshoven -v- Belgium 20122/92; [1997] ECHR 33; [1997] ECHR 33
25 Jun 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Preliminary objection rejected; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Philis -v- Greece (No 2) 19773/92; [1997] ECHR 34; [1997] ECHR 34
27 Jun 1997
ECHR
Human Rights
Hudoc 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
[ Bailii ] - [ ECHR ] - [ Bailii ]
Gitonas And Others -v- Greece 18747/91 ; 19376/92 ; 193
1 Jul 1997
ECHR
Human Rights
Hudoc 18747/91; 19376/92; 19379/92; 28208/95; 27755/95
Kalac -v- Turkey [1997] ECHR 37; 20704/92; (1997) 27 EHRR 522
1 Jul 1997
ECHR
Human Rights, Discrimination
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 the impugned measure should have some basis in domestic law; it also refers to the quality of the law in question, requiring that it should be accessible to the person concerned, who must moreover be able to foresee its consequences for him, and that it should be compatible with the rule of law. First, the "law" must be adequately accessible: the citizen must be able to have an indication that is adequate in the circumstances of the legal rules applicable to a given case. Secondly, a norm cannot be regarded as a "law" unless it is formulated with sufficient precision to enable a citizen to regulate his conduct: he must be able if need be with appropriate advice to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail."
"Article 9 does not protect every act motivated or inspired by a religion or belief. Moreover, in exercising his freedom to manifest his religion, an individual may need to take his specific situation into account".
European Convention on Human Rights 9(2)
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Gitonas And Others -v- Greece 18747/91; [1997] ECHR 35
1 Jul 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Oberschlick -v- Austria (No 2) [1997] ECHR 38; 20834/92
1 Jul 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Gitonas And Others -v- Greece 19379/92; [1997] ECHR 35; 18747/91; 9376/92
1 Jul 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Torri -v- Italy [1997] ECHR 42; 26433/95; [1997] ECHR 42
1 Jul 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Pammel -v- Germany [1997] ECHR 39; 17820/91; [1997] ECHR 39
1 Jul 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Gitonas And Others -v- Greece 18747/91;19376/92;19379/92;
1 Jul 1997
ECHR
Human Rights
ECHR Judgment (Merits) - No violation of P1-3.
[ ECHR ]
Probstmeier -v- Germany [1997] ECHR 40; 20950/92; [1997] ECHR 40
1 Jul 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Rolf Gustafson -v- Sweden 23196/94; (1997) 25 EHRR 523; [1997] ECHR 41
1 Jul 1997
ECHR
Human Rights, Criminal Practice
Article 6 was engaged by an application for compensation under a statutory compensation scheme.
European Convention on Human Rights 6
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Giulia Manzoni -v- Italy [1997] ECHR 36; 19218/91; [1997] ECHR 36
1 Jul 1997
ECHR
Human Rights
Hudoc No violation of Art. 5-1-c
[ Bailii ] - [ ECHR ] - [ Bailii ]
Mansell -v- United Kingdom Unreported, 2 July 1997; 32072/96
2 Jul 1997
ECHR
Human Rights, Criminal Sentencing
The judge imposed a longer than commensurate sentence in an indecent assault case to protect the public. The applicant complained that he should have been entitled to a review of the lawfulness of his detention as he was in the same position as a discretionary life prisoner because his sentence contained a preventative part as well as a punitive part. Held: the application was manifestly unfounded. The A5(4) supervision is normally incorporated in the decision where a sentence of imprisonment is pronounced after conviction by a competent court. There was no question of the sentence being imposed because of the presence of factors which "were susceptible to change with the passage of time, namely mental instability and dangerousness". "Such an 'increased' sentence is, however, no more than the usual exercise by the sentencing court of its ordinary sentencing powers, even if the 'increase' has a statutory basis. In particular, nothing in the sentencing procedure indicates that the fixed term sentence of five years imprisonment was anything other than a sentence which was imposed as punishment for the offences committed."
1 Citers
Stewart-Brady -v- United Kingdom 27436/95; [1997] ECHR 180
2 Jul 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Wood -v- United Kingdom; ECHR 2-Jul-1997 - (1997) 24 EHRR CD 69; [1997] ECHR 200; 32540/96
Pressos Compania Naviera S A And Others -v- Belgium (Article 50) 17849/91; [1997] ECHR 44; [1995] ECHR 2005
3 Jul 1997
ECHR
Human Rights
Hudoc Judgment (Just satisfaction) Struck out of the list; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient
possessions can be existing possessions or assets, including claims, in respect of which the applicant can argue that he has at least a legitimate expectation of obtaining effective enjoyment of a property right
European Convention on Human Rights 6.1
1 Cites
1 Citers
[ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
Hentrich -v- France (Interpretation) 13616/88; [1994] ECHR 29; [1995] ECHR 21; [1997] ECHR 43; [1997] ECHR 43; [1994] ECHR 29; [1995] ECHR 21
3 Jul 1997
ECHR
Human Rights
Hudoc Request for interpretation rejected
[ Bailii ] - [ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ]
Akkus -v- Turkey [1997] ECHR 45; 19263/92; [1997] ECHR 45
9 Jul 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; Preliminary objection rejected; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Regina -v- Chief Constable for North Wales Police Area Authority ex parte AB and CD etc; Admn 10-Jul-1997 - Times, 14 July 1997; [1997] EWHC Admin 667; [1997] 3 WLR 724
Regina -v- Secretary of State for Home Department Immigration Appeals Tribunal ex parte Robinson Times, 01 August 1997; [1997] EWCA Civ 2089; [1998] QB 929; [1997] Imm AR 568; [1997] 3 WLR 1162; [1997] 4 All ER 210; [1997] INLR 182
11 Jul 1997
CA
Lord Wool MR, Potter, Brooke LJJ
Immigration, Human Rights
Where an asylum seeker was seeking to escape from persecution in one area of his home country, the court must ask if an escape to a safe area in his country of origin is available and appropriate. A failure of the country to which an asylum seeker would be returned to provide for the basic norms of civil political and socio-economic human rights would not constitute persecution under the Convention.
1 Citers
[ Bailii ]
Camelot Group Plc -v- Centaur Communications Plc Times, 15 July 1997; [1999] QB 124
15 Jul 1997
QBD
Human Rights, Employment, Media
Human rights law is no aid in protecting a journalist against an order requiring the return of confidential documents, even though this might identify the source of leak.
Contempt of Court Act 1981
1 Citers
Regina -v- H M Immigration Officer ex parte Bensaid [1997] EWCA Civ 2151
21 Jul 1997
CA
Immigration, Human Rights
Application for leave to seek judicial review of the Chief Immigration Officer's decision of 24 March 1997 to refuse the applicant leave to enter the United Kingdom.
1 Cites
1 Citers
[ Bailii ]
Regina -v- Chief Constable of The Royal Ulster Constabulary Ex Parte Begley; Regina -v- McWilliams; HL 24-Jul-1997 - Gazette, 05 November 1997; Times, 20 October 1997; [1997] NI 278; [1997] UKHL 39; [1997] 4 All ER 833; [1997] 1 WLR 1475
Balmer-Schafroth and Others -v- Switzerland; ECHR 26-Aug-1997 - 22110/93; [1997] ECHR 46
Balmer-Schafroth And Others -v- Switzerland 22110/93; [1997] ECHR 46
26 Aug 1997
ECHR
Human Rights
Hudoc Preliminary objection rejected (victim); Not necessary to examine preliminary objection (non-exhaustion)
1 Cites
[ Bailii ] - [ ECHR ]
De Haan -v- The Netherlands [1997] ECHR 47; 22839/93; [1997] ECHR 47
26 Aug 1997
ECHR
Human Rights
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 award - domestic proceedings; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Antonio Paulo Richard Camara -v- Secretary of State for Home Department [1997] EWCA Civ 2312
26 Aug 1997
CA
Immigration, Human Rights, Family
[ Bailii ]
Anne-Marie Anderson -v- Sweden 20022/92; [1997] ECHR 48
27 Aug 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
MS -v- Sweden; ECHR 27-Aug-1997 - 20837/92; [1997] ECHR 49; [1999] 28 EHRR 313; 3 BHRC 248
Anne-Marie Andersson -v- Sweden 20022/92; [1997] ECHR 48
27 Aug 1997
ECHR
Human Rights
Hudoc No violation of Art. 6-1; No violation of Art. 13
[ Bailii ] - [ ECHR ]
E.L., R.L. And J.O.L. -v- Switzerland 20919/92; [1997] ECHR 51
29 Aug 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Worm -v- Austria 22714/93; (1998) 25 EHRR 454; [1997] ECHR 52; [1997] ECHR 52; [1995] ECHR 99
29 Aug 1997
ECHR
Human Rights
Hudoc Preliminary objection rejected (six month period); No violation of Art. 10 - "The phrase "authority of the judiciary" includes, in particular, the notion that the courts are, and are accepted by the public at large as being, the proper forum for the settlement of legal disputes and for the determination of a persons guilt or innocence on a criminal charge; further, that the public at large have respect for and confidence in the courts capacity to fulfil that function. "Impartiality" normally denotes lack of prejudice or bias. However, the court has repeatedly held that what is at stake in maintaining the impartiality of the judiciary is the confidence which the courts in a democratic society must inspire in the accused, as far as criminal proceedings are concerned, and also in the public at large. It follows that, in seeking to maintain the "authority and impartiality of the judiciary", the Contracting States are entitled to take account of considerations going beyond the concrete case to the protection of the fundamental role of courts in a democratic society."
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
E L , R L And J O -L -v- Switzerland 20919/92; [1997] ECHR 51
29 Aug 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-2; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ]
AP MP and TP -v- Switzerland 19958/92; (1997) 26 EHRR 541; [1997] ECHR 50; [1997] ECHR 50
29 Aug 1997
ECHR
Human Rights, Taxes Management, Crime
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-2; Not necessary to examine Art. 6-1; Not necessary to examine Art. 6-3; Costs and expenses award - Convention proceedings
Fines were imposed on the applicants in respect of tax evasion by their late husband and father. The Court reaffirmed the three criteria to be taken into account for the purposes of classification and reiterated that the concept of "criminal charge" within the meaning of Article 6 is an autonomous one. Reference was made to the nature and severity of the penalty risked, and found that the fines were not inconsiderable. Held: As regards the nature of the offence, tax legislation lays down certain requirements, to which it attached penalties in the event of non-compliance. The penalties, taking the form of fines, are not intended as pecuniary compensation for damages but are essentially punitive and deterrent in nature. As regards the classification of the proceedings under national law, the Court attaches weight to the findings of the highest court in the land, the Federal Court, in its judgment in this case, that the fine in question was 'penal' in character and depended on the 'guilt' of the offending taxpayer. Having regard to the above Article 6 was applicable nder its criminal head. Inheritance of the guilt of the dead is not compatible with the standards of criminal justice in a society governed by the rule of law.
European Convention on Human Rights 6
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Argento -v- Italy [1997] ECHR 55; 25842/94; [1997] ECHR 55
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Abenavoli -v- Italy [1997] ECHR 54; 25587/94; [1997] ECHR 54
2 Sep 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Nicodemo -v- Italy [1997] ECHR 62; 25839/94; [1997] ECHR 62
2 Sep 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award
[ Bailii ] - [ ECHR ] - [ Bailii ]
Soldani -v- Italy [1997] ECHR 67; 25835/94; [1997] ECHR 67
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Di Luca And Saluzzi -v- Italy 25838/94; [1997] ECHR 57; 25837/94
2 Sep 1997
ECHR
Human Rights, Employment
ECHR Basic distinction in law of many member States of the Council of Europe between civil servants and employees governed by private law Court has accordingly held that disputes relating to recruitment, careers and termination of service of civil servants are as a general rule outside scope of Article 6 1.
Applicants sought recognition of existence of permanent contract of employment (Fusco) or judicial review of one or more decisions of administrative authorities assigning them to a particular staff category (remaining cases) they thus raised disputes related to their recruitment and careers which did not concern a civil right within meaning of Article 6 1 payment of difference in salary directly dependent on prior finding that administrative authorities had acted unlawfully (Trombetta).
European Convention on Human Rights
1 Citers
[ Bailii ]
Trombetta -v- Italy [1997] ECHR 69; 25843/94; [1997] ECHR 69
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Scarf -v- Italy [1997] ECHR 66; 25841/94; [1997] ECHR 66
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Di Luca And Saluzzi -v- Italy 25837/94; [1997] ECHR 57; 25838/94
2 Sep 1997
ECHR
Human Rights, Employment
ECHR Judgment (Merits) - No violation of Art. 6-1.
[ Bailii ] - [ ECHR ]
Fusco -v- Italy [1997] ECHR 58; 25836/94; [1997] ECHR 58
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Lapalorcia -v- Italy [1997] ECHR 61; 25586/94; [1997] ECHR 61
2 Sep 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
De Santa -v- Italy [1997] ECHR 56; 25574/94; [1997] ECHR 56
2 Sep 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Gallo -v- Italy [1997] ECHR 59; 25575/94; [1997] ECHR 59
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Orlandini -v- Italy [1997] ECHR 63; 25833/94; [1997] ECHR 63
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Spurio -v- Italy [1997] ECHR 68; 23217/92; [1997] ECHR 68
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Pizzi -v- Italy [1997] ECHR 64; 25840/94; [1997] ECHR 64
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Ryllo -v- Italy [1997] ECHR 65; 25834/94; [1997] ECHR 65
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Viero -v- Italy [1997] ECHR 70; 25832/94; [1997] ECHR 70
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Laghi -v- Italy [1997] ECHR 60; 25831/94; [1997] ECHR 60
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Zilaghe -v- Italy [1997] ECHR 71; 25590/94; [1997] ECHR 71
2 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Regina -v- Secretary of State for Home Department ex parte Dennis Stafford [1997] EWHC Admin 801
5 Sep 1997
Admn
Criminal Sentencing, Human Rights
1 Cites
1 Citers
[ Bailii ]
Bamber -v- United Kingdom 33742/96
11 Sep 1997
ECHR
Human Rights, Prisons
The Commission declared inadmissible a complaint that Standing Order 5 G 2B infringed Article 10. The Order precluded prisoners from contacting the media by telephone except in exceptional circumstances. The Standing Order satisfied the requirement that the interference with the applicant's Article 10 rights should be 'prescribed by law'. "the assessment of whether the interference was necessary must be made having regard to the ordinary and reasonable requirements of imprisonment, and that some measure of control over the content of prisoners' communications the scope of which is not in issue in the present case is not in itself incompatible with the Convention."
1 Cites
1 Citers
Robins -v- The United Kingdom Times, 24 October 1997; [1997] ECHR 72; 22410/93; (1997) 26 EHRR 527; [1997] ECHR 72
23 Sep 1997
ECHR
Human Rights
Over-long delay by court system in settling amount of costs constituted breach of human rights; order made in 1991, not settled till 1995
European Convention on Human Rights 6.1
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Coyne -v- The United Kingdom Times, 24 October 1997; [1997] ECHR 73; 25942/94; [1997] ECHR 73
24 Sep 1997
ECHR
Human Rights, Armed Forces
The Court Martial court system was unfair, because the convening officer fulfilled too many roles in the process to allow a fair trial.
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 proceedings
Armed Forces Act 1996
[ Bailii ] - [ ECHR ] - [ Bailii ]
Garyfallou Aebe -v- Greece [1997] ECHR 74; 18996/91; [1997] ECHR 74
24 Sep 1997
ECHR
Human Rights, Crime
The fact that only a fine was imposed did not prevent an allegation being one of a criminal offence.
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Aydin -v- Turkey [1997] ECHR 75; 23178/94; (1998) 25 EHRR 251; [1997] ECHR 75
25 Sep 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); Violation of Art. 3; Violation of Art. 13; Not necessary to examine Art. 6-1; No violation of Art. 25-1; Not necessary to examine Art. 28-1-a; Not necessary to examine Art. 53; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings
There is an additional duty on the state properly to investigate allegations of torture by state agents.
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Mehemi -v- France 25017/94; [1997] ECHR 77; [1997] ECHR 77
26 Sep 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings
1 Cites
[ Bailii ] - [ ECHR ] - [ Bailii ]
El BoujaDi -v- France [1997] ECHR 76; 25613/94; [1997] ECHR 76
26 Sep 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
R M D -v- Switzerland 19800/92; [1997] ECHR 78; [1997] ECHR 78
26 Sep 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); Preliminary objection rejected (non-exhaustion); Violation of Art. 5-4; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Sur -v- Turkey [1997] ECHR 79; 21592/93; [1997] ECHR 79
3 Oct 1997
ECHR
Human Rights
Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement)
[ Bailii ] - [ ECHR ] - [ Bailii ]
Olle Wall -v- Sweden 41403/98; [1997] ECHR 201
7 Oct 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Andronicou And Constantinou -v- Cyprus 25052/94; [1995] ECHR 89
9 Oct 1997
ECHR
Human Rights
Hudoc Preliminary objection rejected (abuse of process); Preliminary objection rejected (non-exhaustion); No violation of Art. 2; No violation of Art. 6-1
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Andronicou And Constantinou -v- Cyprus 25052/94; (1998) 25 EHRR 491; [1998] Crim LR 823; 3 BHRC 389; [1997] ECHR 80
9 Oct 1997
ECHR
Human Rights, Police
ECHR Cyprus - alleged unlawful killing of a young couple by officers of a special police unit (MMAD) in the course of a rescue operation
I. GOVERNMENT'S PRELIMINARY OBJECTIONS
A. Non-exhaustion of domestic remedies
Government's assertion that applicants failed to take civil proceedings to claim compensation on strength of authorities' ex gratia offer of legal aid.
Effective remedy in circumstances would have been institution of criminal proceedings against officers involved - Attorney-General refused applicants' request - in addition, detailed and reasoned findings of domestic commission of inquiry after exhaustive investigation of circumstances of killings likely in practice to remove any reasonable prospects which applicants had of winning a civil action - commission of inquiry chaired by most senior judicial appointee in respondent State.
Conclusion: objection dismissed (seven votes to two).
B. Abuse of process
Applicant's refusal either to enter or continue negotiations on terms of friendly settlement over alleged breach of Convention right not to be construed as abuse of process - in instant case, proposed settlement did not moreover contain any admission of authorities' liability for deaths of couple, as sought by applicants.
Conclusion: objection dismissed (unanimously).
1 Cites
[ Bailii ]
Serves -v- France [1997] ECHR 82; 20225/92; (1997) 28 EHRR 265; [1997] ECHR 82
20 Oct 1997
ECHR
Human Rights
Captain Serves was a French officer charged in 1988 before a military court, together with a lieutenant and corporal of his company, with the murder of a civilian in the Central African Republic. In 1989 the proceedings were quashed for procedural irregularity and on 19 April 1990 fresh proceedings were commenced against the lieutenant and the corporal. The charge against Captain Serves was not reinstated until 6 May 1992 and he was convicted in May 1994. During the period while the second charges were pending only against the lieutenant and corporal, Captain Serves was summoned to appear as a witness before the military investigating judge. He refused to take the oath and was fined for failing to give evidence. Held: Although the first proceedings had been quashed in 1989, the evidence on which that investigation was based remained on the file and Captain Serves remained "charged" with murder within the meaning of Article 6(1): see para. 42. He was therefore entitled to refuse to answer any questions from the judge which might tend to incriminate him. However, he should have taken the oath, heard the questions and refused to answer rather than simply refusing to be sworn. On this ground his complaint was dismissed.
European Convention on Human Rights 6
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Radio ABC -v- Austria [1997] ECHR 81; 19736/92; [1997] ECHR 81
20 Oct 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Pecuniary damage - claim rejected; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Pierre-Bloch -v- France 24194/94; [1997] ECHR 84
21 Oct 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Pierre-Bloch -v- France [1997] ECHR 84; 24194/94
21 Oct 1997
ECHR
Human Rights
Hudoc Not necessary to examine Art. 14
[ Bailii ] - [ ECHR ]
Boujlifa -v- France [1997] ECHR 83; 25404/94; [1997] ECHR 83
21 Oct 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Papageorgiou -v- Greece; ECHR 22-Oct-1997 - [1997] ECHR 86; 24628/94
Erdagz -v- Turkey [1997] ECHR 85; 21890/93; [1997] ECHR 85
22 Oct 1997
ECHR
Human Rights
Hudoc No violation of Art. 3; Preliminary objection rejected (non-exhaustion); No violation of Art. 5
[ Bailii ] - [ ECHR ] - [ Bailii ]
The National & Provincial Building Society, The Leeds Permanent Building Society And The Yorkshire Building Society -v- The United Kingdom 21449/93; 21319/93; [1997] ECHR 87; 21675/93; [1997] STC 1466; 69 TC 540; [1997] BTC 624; (1998) 25 EHRR 127; [1998] HRCD 34
23 Oct 1997
ECHR
Human Rights, Taxes Management
ECHR United Kingdom applicants legal claims to restitution of monies paid under invalidated tax provisions extinguished under the effects of retrospective legislation (section 53 of Finance Act 1991 and section 64 of Finance (No. 2) Act 1992)
Finance Act 1991 53 - Finance (No 2) Act 1992 64
[ Bailii ]
Camelot Group plc-v- Centaur Communications Limited Gazette, 12 November 1997; Times, 30 October 1997; [1997] EWCA Civ 2554; [1999] QB 124
23 Oct 1997
CA
Lord Justice Schiemann, Lord Justice Thorpe, Lord Justice Mummery
Contempt of Court, Employment, Media, Human Rights
An order for a journalist to disclose the name of an employee disclosing his employer's information, may be made where there was a need to identify a disloyal employee. Here drafts of accounts had been released to embarrass the company. The documents involved were stolen, and a return of them would enable identification of the source of them. Could the section protect the source? A balancing exercise was required, one which would differ from case to case. Here it weighed in favour of disclosure. In this case there remained a threat of further damage from a disloyal senior employee.
Contempt of Court Act 1981 10 - European Convention on Human Rights Art 10
1 Cites
1 Citers
[ Bailii ]
The National & Provincial Building Society, The Leeds Permanent Building Society And The Yorkshire Building Society -v- The United Kingdom; ECHR 23-Oct-1997 - Times, 06 November 1997; 21449/93; 21319/93; [1997] ECHR 87; (1997) 25 EHRR 127
Johnson -v- The United Kingdom Times, 04 December 1997; 22520/93; (1997) 27 EHRR 296; [1997] ECHR 88; (1998) 40 BMLR 1; [2010] ECHR 1857; [2010] ECHR 1859; [1998] HRCD 41; (1999) 27 EHRR 296
24 Oct 1997
ECHR
Health, Human Rights
Mr Johnson awaited trial for crimes of violence. He was diagnosed mentally ill, and on conviction made subject to a hospital order, and restricted without limit of time. He made progress, but was not discharged or re-classified. At a fourth tribunal hearing in June 1989 the opinion was that he was no longer suffering from mental illness but needed supervision if released. He was ordered for conditional discharge, subject to psychiatric supervisiona residence. His discharge was deferred until for accommodation to be found. It was not found. In 1990, he sought an absolute discharge, but the tribunal again directed a conditional discharge until suitable accommodation was found. A trial in another hospital unsuccessful and he was returned to Rampton. Another review repeated the same order. At a final review in 1993, the tribunal ordered his absolute discharge on the basis that he "is not now suffering from any form of mental disorder and that it is not appropriate for the patient to remain liable to be recalled for further treatment". Mr Johnson was accordingly released from hospital. He first contended was that the tribunal should have ordered his immediate and unconditional release. The Court rejected this contention, recognising the desirability of rehabilitation in the community and found no violation in the imposition of conditions to that end. Mr Johnson's alternative submission was that conditions must not hinder immediate or near immediate release and certainly not delay it excessively as had occurred in this case. This argument succeeded. "It is however of paramount importance that appropriate safeguards are in place so as to ensure that any deferral of discharge is consonant with the purpose of Article 5(1) and with the aim of the restriction in [Article 5(1)] sub-paragraph (e) and, in particular, that discharge is not unreasonably delayed." The Court drew attention to the absence of power in the tribunal or the authorities to ensure that the conditions could be implemented within a reasonable time, and to the 12-monthly interval between tribunal reviews, and concluded: "In these circumstances it must be concluded that the imposition of the hostel residence condition by the June 1989 Tribunal led to the indefinite deferral of the applicant's release from Rampton Hospital especially since the applicant was unwilling after October 1990 to co-operate further with the authorities in their efforts to secure a hostel, thereby excluding any possibility that the condition could be satisfied. While the 1990 and 1991 Tribunals considered the applicant's case afresh, they were obliged to order his continued detention since he had not yet fulfilled the terms of the conditional discharge imposed by the June 1989 Tribunal. Having regard to the situation which resulted from the decision taken by the latter Tribunal and to the lack of adequate safeguards including provision for judicial review to ensure that the applicant's release from detention would not be unreasonably delayed, it must be considered that his continued confinement after 15 June 1989 cannot be justified on the basis of Article 5(1)(e) of the Convention. For these reasons the Court concludes that the applicant's continued detention after 15 June 1989 constituted a violation of Article 5(1) of the Convention." The lack of a system for discharging mental patients whose treatment was no longer necessary, was a breach of the convention.
The court awarded 10,000 in damages.
European Convention on Human Rights 5.1
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ]
Anderson and Others -v- United Kingdom [1997] ECHR 150; 33689/96; (1997) 25 EHRR CD 172; (1997) 25 EHRR CD172
27 Oct 1997
ECHR
Human Rights
[ Bailii ]
Van Mechelen And Others -v- The Netherlands 21363/93; 21364/93; [1997] ECHR 90
30 Oct 1997
ECHR
Bernhardt, P
Human Rights, Criminal Practice
The defendant's right to a fair trial had been infringed where anonymous police witnesses gave evidence against the defendant in circumstances such that, not only did the defendant know their identities, but he was unable to observe their demeanour under direct questioning, and thus judge their reliability.
European Convention on Human Rights
1 Cites
[ Worldlii ] - [ Bailii ]
Paez -v- Sweden 29482/95; [1997] ECHR 89; [1997] ECHR 89
30 Oct 1997
ECHR
Human Rights
Hudoc Judgment (Struck out of the list) Struck out of the list (solution of the matter).
[ Bailii ] - [ ECHR ] - [ Bailii ]
Regina -v- Secretary of State for Home Department ex parte Philomena Lobo Gangadeen and Daniel Robbie Jurawan (By her Mother and Next Friend, Philomena Lobo Gangadeen) and Queen -v- Secretary of State for Home Department ex parte Khalid Masood Khan [1997] EWCA Civ 2799
21 Nov 1997
CA
Criminal Practice, Human Rights
[ Bailii ]
Werner -v- Austria [1997] ECHR 92; 21835/93; (1998) 26 EHRR 310; [1997] ECHR 92
24 Nov 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); Preliminary objection rejected (non-exhaustion); Pecuniary damage - claim rejected; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings; Non-pecuniary damage - finding of violation sufficient
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
SzCs -v- Austria [1997] ECHR 91; 20602/92; [1997] ECHR 91
24 Nov 1997
ECHR
Human Rights
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 - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
Grigoriades -v- Greece [1997] ECHR 93; 24348/94
25 Nov 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; No violation of Art. 7; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Zana -v- Turkey; ECHR 25-Nov-1997 - 18954/91; [1997] ECHR 94; [2011] ECHR 2394
Stamoulakatos -v- Greece (No 2) [1997] ECHR 96; 27159/95; [1997] ECHR 96
26 Nov 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (ratione temporis); Violation of Art. 6-1; Not necessary to examine Art. 13; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses - claim rejected
[ Bailii ] - [ ECHR ] - [ Bailii ]
Sakik And Others -v- Turkey 23880/94; [1997] ECHR 95; 23878/94; 23879/94
26 Nov 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Sakik And Others -v- Turkey 23878/94;23879/94;23880/94;
26 Nov 1997
ECHR
Human Rights
ECHR Judgment (Merits and Just Satisfaction) - No violation of Art. 5-1; Violation of Art. 5-3; Violation of Art. 5-4; Preliminary objection joined to merits (non-exhaustion); Preliminary objection rejected (estoppel); Violation of Art. 5-5; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings.
[ ECHR ]
Sakik And Others -v- Turkey 23878/94; [1997] ECHR 95; [1995] ECHR 81
26 Nov 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ] - [ Bailii ]
Sakik And Others -v- Turkey 23878/94 ; 23879/94 ; 238
26 Nov 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 5-1; Violation of Art. 5-3; Violation of Art. 5-4; Preliminary objection joined to merits (non-exhaustion); Preliminary objection rejected (estoppel); Violation of Art. 5-5; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings 23878/94; 23879/94; 23880/94; 23882/94; 23883/94; 23881/94
K -F -v- Germany [1997] ECHR 97; 25629/94
27 Nov 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 5-1-c; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ]
K-F -v- Germany 25629/94; [1997] ECHR 97
27 Nov 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Mentes And Others -v- Turkey [1997] ECHR 98; [1998] ECHR 57; 23186/94; [1997] ECHR 98
28 Nov 1997
ECHR
Human Rights
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Not necessary to examine Art. 5; Not necessary to examine Art. 6; Violation of Art. 13; No violation of Art. 14; No violation of Art. 18; No violation of Art. 2; No violation of Art. 3; No violation of Art. 5; No violation of Art. 6; No violation of Art. 8; No violation of Art. 13; Costs and expenses partial award - Convention proceedings; Pecuniary damage - reserved; Non-pecuniary damage - reserved; Not necessary to examine Art. 3; Violation of Art. 8
[ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
Carlin -v- United Kingdom 27537/95
1 Dec 1997
ECHR
Human Rights, Benefits
The Commission dismissed as manifestly unfounded a complaint that the suspension of Industrial Injuries Disability Benefit during a persons imprisonment involved any violation of Article 1P. It reiterated that "it is still necessary, in order for such a right to be established, that the person concerned should have satisfied domestic legal requirements"
1 Citers
Launder -v- The United Kingdom; ECHR 8-Dec-1997 - (1997) 25 EHRR CD67; [1997] ECHR 106
Marta Stefan -v- United Kingdom 29419/95; [1997] ECHR 203
9 Dec 1997
ECHR
Human Rights
European Convention on Human Rights
[ Bailii ]
Wickramsinghe -v- United Kingdom 9 December 1997 ECHR; (1998) EHRLR 338
9 Dec 1997
ECHR
Human Rights
(Commission) Although professional disciplinary proceedings may be conducted to the criminal standard of proof, that does not make them "akin to criminal proceedings". "in general", disciplinary proceedings are not "criminal" for the purpose of Article 6.1 and 6.3, because professional disciplinary matters concern the relationship between professional associations and individuals rather than draw on law of general application. The fact that the practitioner can study a transcript of the hearing, including not only the evidence but the submissions on the evidence by the respective parties, assists the practitioner in understanding not only which witnesses evidence was accepted and which rejected but why it did so. The complaint was inadmissible.
1 Citers
Regina -v- Secretary of State for the Home Department ex parte Simms; ex parte O'Brien; ex parte Main; CA 9-Dec-1997 - Gazette, 08 January 1998; Times, 09 December 1997; [1999] QB 349
Thomas -v- the State (Trinidad and Tobago) Times, 15 December 1997
15 Dec 1997
PC
Human Rights
A court's refusal to allow for the substitution of counsel for appellant, after he had withdrawn instructions, and had sought to instruct alternative counsel was wrong and made the trial unfair.
Regina -v- Ministry of Defence ex parte Colin James Murray Times, 17 December 1997; [1997] EWHC Admin 1136
15 Dec 1997
QBD
Lord Bingham of Cornhill LCJ, Hooper J
Human Rights, Natural Justice, Armed Forces
The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had found no causal connection beween the treatment and the offence. Held: There is no over-riding principle of law that reasons must be given for a decision in disciplinary decisions, but fairness will often require them to be given. Does "fairness require in this case that reasons should have been given both as to why the Court reached the conclusion that there was no causal connection and why it decided that the sentence of imprisonment was required rather than some lesser sentence which would not have had the same dire consequences for the Applicant? The answer to that question must be in the affirmative. Are there public interest reasons why reasons should not be required? The only public interest reasons . . . advanced relied upon drawing analogies with other judicial bodies. I accept . . . submissions . . . that the examples which he gave are not analogous."
Army Act 1955 70 - Armed Forces Act 1996 - Rules of Procedure (Army) 1972 (SI 1972/316) 76(1)
1 Cites
[ Bailii ]
Proszak -v- Poland [1997] ECHR 101; 25086/94; [1997] ECHR 101
16 Dec 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Canea Catholic Church -v- Greece 25528/94; (1997) 27 EHRR 521; [1997] ECHR 100; [1997] ECHR 100
16 Dec 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 14; Not necessary to examine Art. 9; Not necessary to examine P1-1; Not necessary to examine Art. 14; Pecuniary damage - financial award; Costs and expenses award - Convention proceedings
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Camenzind -v- Switzerland 21353/93; [1997] ECHR 99; [1997] ECHR 99; [1995] ECHR 61
16 Dec 1997
ECHR
Human Rights
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 8; Preliminary objection rejected; Violation of Art. 13+8; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
Raninen -v- Finland 20972/92; [1997] ECHR 102; (1997) 26 EHRR 563; (1993) 16 EHRR 97
16 Dec 1997
ECHR
Human Rights
The complainant had been handcuffed unjustifiably and in public but not with the intention of debasing or humiliating him and not so as to affect him sufficiently to attain the minimum level of severity. Held: The application was rejected The court acknowledged that the notion of the moral and physical integrity of the person extends to situations of deprivation of liberty and the court: "does not exclude the possibility that there might be circumstances in which Article 8 could be regarded as affording a protection in relation to conditions during detention which do not attain the level of severity required by Article 3."
1 Citers
[ Bailii ] - [ ECHR ] - [ Bailii ]
Tejedor GarcÍA -v- Spain [1997] ECHR 103; 25420/94; [1997] ECHR 103
16 Dec 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Trevor Nathaniel Fisher -v- The Minister of Public Safety and Immigration and Others Times, 26 December 1997; [1997] UKPC 1; [1998] AC 673; [1997] UKPC 64
16 Dec 1997
PC
Human Rights, Commonwealth, Criminal Sentencing
(The Bahamas) The extent of a delay before a trial is not relevant when considering whether a subsequent delay in carrying out an execution is cruel and inhuman punishment
1 Cites
1 Citers
[ PC ] - [ Bailii ] - [ Bailii ]
Alistair Mcleod -v- Her Majesty's Advocate (No 2) [1997] ScotHC 1; 1998 JC 67
19 Dec 1997
HCJ
Lord Justice General
Scotland, Criminal Practice, Human Rights
A full court applied the guidance in Edwards -v- United Kingdom when considering the duty of the Crown to make disclosure under Scots law: "Our system of criminal procedure therefore proceeds on the basis that the Crown have a duty at any time to disclose to the defence information in their possession which would tend to exculpate the accused." The court would order the production of documents if satisfied that their production "would be likely to be of material assistance to the proper preparation or presentation of the accused's defence". The duty was to disclose information that "is significant to an indicated line of defence" or is likely to be of real importance "to any undermining of the Crown case or to any casting of reasonable doubt on it".
1 Cites
1 Citers
[ Bailii ] - [ ScotC ]
Helle -v- Finland [1997] ECHR 105; 20772/92; [1997] ECHR 105
19 Dec 1997
ECHR
Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]
Brualla GoMez De La Torre -v- Spain [1997] ECHR 104; 26737/95
19 Dec 1997
ECHR
Human Rights
Hudoc No violation of Art. 6-1; Not necessary to examine Art. 13
[ Bailii ] - [ ECHR ] - [ Bailii ]