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		Human Rights - From: 2000 To: 2000 This page lists 852 cases, and was prepared on 28 July 2015. Â Â Kudla -v- Poland; ECHR 2000 - 156, ECHR 2000-XI; 30210/96 Â Regina -v- Home Secretary ex parte Gunn [2000] Prison Law Reports 62 2000 CA Buxton LJ Prisons, Human Rights A challenge under article 5 to decisions about a prisoner's treatment were misconceived in the context of the Secretary of State’s refusal to transfer a prisoner to open conditions with a view to improving his prospects of release: "[Article 5(4)] is not to do with how persons are treated while they were detained or where they are placed in the prison system. Other parts of the Convention, none of which are suggested to have been infringed in this case, deal with those matters. That being so, there is no obvious way in which Article 5 has any connection with the decision which is at the moment complained of as to whether this man should in be enclosed or open conditions." European Convention on Human Rights 5 1 Citers Â In re A (permission to remove child from jurisdiction: human rights) [2000] 2 FLR 225 2000 CA Ward and Buxton LJJ Children, Human Rights The mother had been given leave by the Recorder to remove a ten month old girl permanently from the jurisdiction to the United States in circumstances where the mother`s job prospects were better in New York than in England. The father, (in person) raised the question of a breach of his right under Article 8(1). The Court considered the effect of Article 8 but saw no reason to interfere with the established line of authority followed by the judge and which bound the Court. Held. Leave was refused. Buxton LJ doubted whether the difficult balancing exercise performed by the judge came within the purview of the Convention at all. European Convention on Human Rights 8 - Human Rights Act 1998 - Children Act 1989 1 Citers Â In Re A (Adoption: Mother's Objections) [2000] 1 FLR 665 2000 Adoption, Human Rights European Convention on Human Rights 1 Citers Â In Re N (Leave to withdraw care proceedings) [2000] 1 FCR 258 2000 Children, Human Rights European Convention on Human Rights 1 Citers Â Jankovic -v- Croatia (2000) 30 EHRR CD183 2000 ECHR Human Rights, Benefits Although a claim to a social security benefit is a possession (thereby attracting article 14) it does not entitle one to anything in particular. European Convention on Human Rights 1 Cites 1 Citers Â Regina (Burgess) -v- Home Secretary [2000] Prison Law Reports 257 2000 Rose LJ Prisons, Human Rights The applicant challenged the refusal to move him to open conditions within the prison system. Held: "Article 5(4) does not . . preclude the Secretary of State from taking a different view than the Discretionary Life Panel of the Parole Board as to whether or not the applicant should be moved to open conditions." European Convention on Human Rights 5.4 1 Cites 1 Citers Â Ignaccolo-Zenide -v- Romania (2000) 31 EHRR 212 2000 ECHR Human Rights, Children "Although coercive measures towards children are far from desirable in such sensitive matters, sanctions should not be ruled out where the parent living with the children acts unlawfully." 1 Citers Â L -v- United Kingdom [2000] 2 FLR 322 2000 ECHR Litigation Practice, Human Rights The court coinsidered a claim for the privilege against self-incrimination: "As held in Saunders v. United Kingdom ... the right not to incriminate oneself is primarily concerned with respecting the will of the accused person to remain silent and does not extend to the use in criminal proceedings of material which may be obtained from the accused through the use of compulsory powers and which has an existence independent of the will of the accused ...e.g. documents, breath, blood, urine and tissue samples)." 1 Citers Â Regina -v- Local Authority and Police Authority in the Midlands ex parte LM [2000] 1 FCR 736; [2000] 1 FLR 612 2000 Dyson J Police, Human Rights The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an allegation of indecent assault on the applicant's daughter and of an earlier allegation of abuse when he had been employed by social services. The applicant had no criminal convictions and had never been cautioned or bound over. The defendant argued "that the requirement for a "pressing need" was not in point because the disclosure of the allegations "would not interfere with [the applicant's] private life at all". Held: The court identified three factors to be considered: "(i) Its [viz. the discloser's] own belief as to the truth of the allegation. The greater the conviction that the allegation is true, the more pressing the need for disclosure . . (ii) The interest of the third party in obtaining the information. The more intense the legitimacy of the interest in the third party in having the information, the more pressing the need to disclose is likely to be . . (iii) The degree of risk posed by the person if disclosure is not made . ." and "The disclosure, if made, would obviously interfere with his right to a private life . . Disclosure of allegations of child sex abuse is on the face of it a substantial interference with a person's right to a private life." and "In my view, the guiding principles for the exercise of the power to disclose in the present case are those enunciated in [AB]. Each of the respondent authorities had to consider the case on its own facts. A blanket approach was impermissible. Having regard to the sensitivity of the issues raised by the allegations of sexual impropriety made against LM, disclosure should only be made if there is a 'pressing need'. Disclosure should be the exception, and not the rule. That is because the consequences of disclosure of such information for the subject of the allegations can be very damaging indeed." Employment Rights Act 1996 111 1 Citers Â HM Advocate -v- Scottish Media Newspapers Ltd 2000 SLT 331 2000 Lord Rodger of Earlsferry Scotland, Constitutional, Human Rights Lord Rodger of Earlsferry discussed the fetters place upon the Lord Advocate by the 1998 Act, saying that he simply has no power to move the court to grant any remedy which would be incompatible with the European Convention on Human Rights. Scotland Act 1998 57(2) - European Convention on Human Rights 1 Citers Â Khreino -v- Khreino [2000] 1 FCR 75 2000 CA Thorpe LJ, Mummery LJ Family, Litigation Practice, Human Rights The court heard a renewed application for leave to appeal. A single Lord Justice had directed that any oral renewal of the application for permission should be heard by a court of two, of which he was to be a member. Objection was taken to him being a member of the court, having already given his opnion on the papers. Held: The renewed application could by heard by a court including the judge who had rejected the original request on the papers. Thorpe LJ: "The manifest intention of the practice direction is to enable applications for permission to be dealt with by a single judge of the court on paper in much the same way as the application for permission is dealt with by the trial judge on paper. It is important that the single Lord Justice should have a profound understanding of the case and of the arguments advanced in support of the application for permission. To ensure that he receives such papers as would be conventionally before the court at an oral hearing under the former practice he also now has the advantage of a full skeleton argument supporting the application for permission. Therefore his refusal on paper is a considered and reasoned refusal after full consideration of all relevant material, including the applicant's detailed submissions. In the majority of cases it is intended to be the end of the application for permission unless the single Lord Justice has fallen into manifest error or unless there has been some unexpected subsequent development. So it seems to me that the right to require a subsequent oral hearing has a real purpose and function in the minority of cases. Of course the importance that we attach to oral argument has always been a distinguishing characteristic of our forensic system. But ordinarily there must be more than that to justify renewal. Perhaps on further consideration the advocate has perceived a submission not previously advanced. There might also be circumstances in which subsequent to the signing of the provisional refusal there was some unexpected development in relation to the appeal or some development of the relevant precedent law." Mummery LJ: "The course taken could not possibly be regarded as a breach of Article 6 of the European Convention on Human Rights. The first sentence of that Article provides: 'In the determination of his civil rights and obligations everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.' The procedure laid down is that applications for permission to appeal are made ex parte and they are considered on paper. The rules require that, in support of the application for permission to appeal, the party seeking to appeal will submit a skeleton argument. That sets out all the points which he would wish to pursue on the appeal. The single Lord Justice who considers it is able to form a view whether or not the appeal on those grounds has a real prospect of success. There has therefore been a fair hearing, within a reasonable time of an ex parte application. That hearing was before an independent and impartial tribunal. An oral hearing was requested. This oral hearing is in public. There is no breach of any common law principle of procedural fairness which, like Article 6, requires that a hearing takes place before an unbiased tribunal or court. There is no requirement that every application shall receive an oral hearing. It is appropriate that an ex parte application for permission to appeal should be considered initially as a paper application. Mr Turner [counsel making the application] says that if the Lord Justice who has indicated that he is minded to refuse and gives reasons for it sits on the oral hearing that renders the oral hearing pointless, because it is taking place before a judge who has already made up his mind. That is a misunderstanding of the procedure. The Lord Justice who has indicated that he is minded to refuse leave to appeal is obliged to consider the matter at the oral hearing in the light of any further points. The oral hearing is not an appeal from an earlier decision. These points may range from updating the court on matters which have occurred since the application was considered in July; drawing the court's attention to new authorities which had not been discovered at the time of submitting the skeleton argument or had not been decided and reported at that time. The oral hearing also provides an occasion for dealing with errors and omissions in the reasons stated in the minded to refuse letter. The oral hearing is not pointless. I agree with my Lord as to the circumstances in which an application for an oral hearing is conducted after the matter has been fully considered on a paper application. Mr Turner's objection to the propriety or validity of the constitution of this court should be rejected." 1 Citers Â Beyeler -v- Italy 33202/96; [2000] ECHR 1; [2000] ECHR 1; [2002] ECHR 466 5 Jan 2000 ECHR Human Rights The concept of "possessions" in Art. 1 has an autonomous meaning which is not limited to ownership of physical goods and is independent from the formal classification in domestic law, and requires the examination of the question whether the circumstances of the case, considered as a whole, conferred title to a substantive interest protected by Article 1. Delay by one party is an important factor in striking the balance. 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â News Verlags Gmbh and CoKG -v- Austria [2000] ECHR 5; 31457/96; (2001) 31 EHRR 8 11 Jan 2000 ECHR E Palm, P Human Rights, Media Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Not necessary to examine Art. 14+10; Pecuniary damage - claim rejected; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings The rights in article 10 include the right to choose not just the content of what is to be expressed but also the form of such expression: "The Court recalls that it is not for the Court, or for the national courts for that matter, to substitute their own views for those of the press as to what technique of reporting should be adopted by journalists. Article 10 protects not only the substance of ideas and information but also the form in which they are conveyed." [ Worldii ] - [ Bailii ] Â Â Rodrigues Carolino -c- Portugal; ECHR 11-Jan-2000 - 36666/97; [2000] ECHR 8 Â Palmigiano -c- Italie 37507/97; [2000] ECHR 6; [2000] ECHR 6 11 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Moni -v- Italie 35784/97; [2000] ECHR 4 11 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Quadrelli -v- Italy [2000] ECHR 7; 28168/95; [2000] ECHR 7 11 Jan 2000 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 ] - [ Bailii ] Â Garrett, Falcao And Others -v- Portugal 30229/96; 29813/96 11 Jan 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (ratione temporis); Violation of P1-1; Not necessary to examine Art. 6, 13 and 17; Just satisfaction reserved; Costs and expenses partial award - Convention proceedings Â Â Seidel -v- France; ECHR 11-Jan-2000 - 31430/96; [2000] ECHR 9 Â Garrett, Falcao And Others -v- Portugal 30229/96; [2000] ECHR 2; [2001] ECHR 249; 29813/96 11 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Caraher -v- The United Kingdom; ECHR 11-Jan-2000 - 24520/94; [2000] ECHR 708 Â Garrett, Falcao And Others -v- Portugal 29813/96; [2000] ECHR 2; [2001] ECHR 246 11 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Martinelli -v- Italy 33827/96; [2000] ECHR 3; [2000] ECHR 3 11 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Porras -v- Netherlands Unreported, 18 January 2000; 49226/99 18 Jan 2000 ECHR Human Rights The applicant was convicted of intentionally importing cocaine and he complained that the burden of proof had been reversed by imposing on him an obligation, which he found impossible to discharge, to prove that he was not and could not have been aware that persons unknown to him had hidden a significant quantity of the drug in his luggage. The Court rejected this complaint, holding that no irrebuttable presumption of guilt had been applied. Although accepting a normal assumption that a person who packs his own luggage and takes it with him knows of the contents, the Dutch court had had regard to the possibility that this might not be so, had considered all the circumstances, had weighed all the evidence and had not therefore relied automatically on any presumption. 1 Citers Â Â Pesti And Frodl -v- Austria; ECHR 18-Jan-2000 - 27618/95; [2000] ECHR 712 Â Â In Re Westminster Property Management Ltd; ChD 19-Jan-2000 - Times, 19 January 2000; Gazette, 03 February 2000 Â Yahiaoui -c- France 30962/96; [2000] ECHR 10 20 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Abbate -c- Italie 40947/98; [2000] ECHR 11 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ian Edgar (Liverpool) Limited V United Kingdom 37683/97; [2000] ECHR 700 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Ignaccolo-Zenide -v- Romania 31679/96; [2000] ECHR 25 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â M. -v- Italy 40940/98; [2000] ECHR 29 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Binelis Et Nanni -c- Italie 40937/98; [2000] ECHR 15 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Miragall Escolano And Others -v- Spain 40777/98; [2000] ECHR 32; [2000] ECHR 203; 38366/97; 38688/97 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Battistelli -c- Italie 40928/98; [2000] ECHR 14 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Adamo -c- Italie 40944/98; [2000] ECHR 12 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Slimane-Kaid -v- France (no.1) 29507/95; [2000] ECHR 42 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Walker -v- The United Kingdom 34979/97; [2000] ECHR 697 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â D'Onofrio -c- Italie 40925/98; [2000] ECHR 19 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Agga -v- Greece (No. 1) 37439/97; [2000] ECHR 13 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Miragall Escolano And Others -v- Spain 38366/97; [2000] ECHR 31; [2000] ECHR 202 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Vinci -c- Italie 40935/98; [2000] ECHR 43; [2000] ECHR 44 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tarsia Et Autres -c- Italie 40933/98; [2000] ECHR 42; [2000] ECHR 43 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Slimane-Kaid -c- France 29507/95; [2000] ECHR 41 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Siega Et Sept Autres -c- Italie 40945/98; [2000] ECHR 40; [2000] ECHR 41 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Scarano -c- Italie 40929/98; [2000] ECHR 39; [2000] ECHR 40 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Salvatori Et Gardin -c- Italie 40943/98; [2000] ECHR 38; [2000] ECHR 39 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â S. -c- Italie 40934/98; [2000] ECHR 37; [2000] ECHR 38 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ronzulli -c- Italie 40948/98; [2000] ECHR 36; [2000] ECHR 37 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Petix -c- Italie 40923/98; [2000] ECHR 35; [2000] ECHR 36 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nardone -c- Italie 40949/98; [2000] ECHR 34; [2000] ECHR 35 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â N.R. -c- Italie 40927/98; [2000] ECHR 33; [2000] ECHR 34 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cappellaro -c- Italie 40951/98; [2000] ECHR 17 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Morese -c- Italie 40932/98; [2000] ECHR 32; [2000] ECHR 33 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Blaisot -c- France 33207/96; [2000] ECHR 16 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Manca -c- Italie 40938/98; [2000] ECHR 30; [2000] ECHR 31 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â M.M. -c- Italie 40931/98; [2000] ECHR 29; [2000] ECHR 30 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Liddo Et Batteta -c- Italie 40950/98; [2000] ECHR 28 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â L.F. -c- Italie 40926/98; [2000] ECHR 27 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â L. S.R.L. -c- Italie 40924/98; [2000] ECHR 26 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ignaccolo-Zenide -v- Romania 31679/96; [2000] ECHR 25 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Glebe Visconti -c- Italie 40941/98; [2000] ECHR 24 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Giuseppe Tripodi -c- Italie 40946/98; [2000] ECHR 23; [2001] ECHR 612; [2000] ECHR 23; [2001] ECHR 619 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Giulio Paderni -c- Italie 35994/97; [2000] ECHR 22 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Giorgio -c- Italie 40930/98; [2000] ECHR 21 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gianetti Et De Lisi -c- Italie 40942/98; [2000] ECHR 20 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cecere -c- Italie 40936/98; [2000] ECHR 18 25 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina -v- Secretary of State ex parte Turgat Unreported, 28 January 2000 28 Jan 2000 CA Simon Brown LJ Administrative, Immigration, Human Rights Â Mcginley And Egan -v- The United Kingdom (Revision) 21825/93; 23414/94; [2000] ECHR 45; [1998] ECHR 51 28 Jan 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Regina -v- Secretary of State for Home Department ex parte Turgut; CA 28-Jan-2000 - Times, 15 February 2000; Gazette, 17 February 2000; [2000] EWCA Civ 22; [2001] 1 All ER 719 Â Mcginley And Egan -v- The United Kingdom (Revision) 21825/93; 23414/94; [2000] ECHR 44 28 Jan 2000 ECHR Human Rights 1 Cites 1 Citers [ Bailii ] Â Bacquet -c- France 36667/97; [2000] ECHR 45; [2000] ECHR 46 1 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Erdokovy -c- Italie 40982/98; [2000] ECHR 46; [2000] ECHR 47 1 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mazurek -v- France [2000] ECHR 47; 34406/97; [2000] ECHR 48 1 Feb 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 14+P1-1; Not necessary to examine Art. 14+8; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Thery -c- France 33989/96; [2000] ECHR 48; [2000] ECHR 49 1 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Margaret Anderson Brown -v- Procurator Fiscal, Dunfermline Times, 14 February 2000; [2000] ScotHC 14 4 Feb 2000 HCJ Lord Allanbridge and Lord Justice General and Lord Marnoch Human Rights, Road Traffic, Crime, Scotland The power in the Road Traffic Act to force a registered keeper to say who was driving a car denies the driver a right to a fair trial by compelling a driver to give evidence against himself. A refusal to answer is itself a crime. The restriction on such powers must apply at the stage of evidence gathering as much as at trial. It does not apply at the stage where an officer is investigating whether a crime has been committed, but does when he moves on to ask who committed the offence. Road Traffic Act 1988 172 - European Convention on Human Rights [ Bailii ] - [ ScotC ] Â Â Parochial Church Council of Aston Cantlow and Wilmcote With Billesby, Warwickshire and Another; ChD 7-Feb-2000 - Gazette, 28 April 2000; Times, 30 March 2000 Â A.B. -c- Italie 41809/98; [2000] ECHR 49; [2000] ECHR 50 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mosca -c- Italie 41810/98; [2000] ECHR 64; [2000] ECHR 65 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Monti -c- Italie 41815/98; [2000] ECHR 63; [2000] ECHR 64 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ghezzi -c- Italie 41826/98; [2000] ECHR 58; [2000] ECHR 59 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Delicata -c- Italie 41821/98; [2000] ECHR 57; [2000] ECHR 58 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Chierici -c- Italie 41835/98; [2000] ECHR 56; [2000] ECHR 57 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Campomizzi -c- Italie 41829/98; [2000] ECHR 54; [2000] ECHR 55 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Josef Prinz -v- Austria [2000] ECHR 59; 23867/94; [2000] ECHR 60 8 Feb 2000 ECHR Human Rights Hudoc Preliminary objection joined to merits (non-exhaustion); No violation of Art. 6-1+6-3-c. [ Bailii ] - [ Bailii ] Â Angelo Scuderi -c- Italie 41822/98; [2000] ECHR 50; [2000] ECHR 51 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Raglione -v- Italy [2000] ECHR 70; 41830/98; [2000] ECHR 71 8 Feb 2000 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 ] - [ Bailii ] Â Paradiso -c- Italie 41816/98; [2000] ECHR 65; [2000] ECHR 66 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Michael Edward Cooke -v- Austria [2000] ECHR 62; 25878/94; [2000] ECHR 63 8 Feb 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion); Violation of Art. 6-1+6-3-c; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Capoccia -c- Italie 41802/98; [2000] ECHR 55; [2000] ECHR 56 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â McGonnell -v- The United Kingdom; ECHR 8-Feb-2000 - Times, 22 February 2000; 28488/95; (2000) 30 EHRR 289; [2000] ECHR 62 Â Stefanelli -v- San Marino [2000] ECHR 71; 35396/97; [2000] ECHR 72 8 Feb 2000 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 ] - [ Bailii ] Â Majaric -v- Slovenia [2000] ECHR 60; 28400/95; [2000] ECHR 61 8 Feb 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); Violation of Art. 6-1; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Berrettari -c- Italie 41827/98; [2000] ECHR 51; [2000] ECHR 52 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pio -c- Italie 41831/98; [2000] ECHR 67; [2000] ECHR 68 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pupillo -c- Italie 41803/98; [2000] ECHR 68; [2001] ECHR 858; [2000] ECHR 69; [2001] ECHR 867 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Quinci -c- Italie 41819/98; [2000] ECHR 69; [2000] ECHR 70 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Trotta -c- Italie 41837/98; [2000] ECHR 73 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Voisine -c- France 27362/95; [2000] ECHR 73; [2000] ECHR 74 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Zeoli Et 34 Autres -c- Italie 41814/98; [2000] ECHR 74; [2000] ECHR 75 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Irene M Scott -v- The United Kingdom 34745/97; [2000] ECHR 698; 2000 Fam LR 102; [2000] 1 FLR 958; [2000] Fam Law 538; [2000] 2 FCR 560 8 Feb 2000 ECHR Human Rights, Children (Admissibility) The court was asked whether the mother's Article 8 rights had been breached by a local authority who had applied to free her child for adoption, the court once again stated that 'the best interests of the child is always of crucial importance'. European Convention on Human Rights 8 1 Citers [ Bailii ] Â Parisse -c- Italie 41825/98; [2000] ECHR 66; [2000] ECHR 67 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Caliri -c- Italie 41817/98; [2000] ECHR 53; [2000] ECHR 54 8 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â IR -v- Italie; ECHR 15-Feb-2000 - 39116/98; [2000] ECHR 78; [2000] ECHR 79 Â Roselli -c- Italie (NÂ° 2) 39131/98; [2000] ECHR 84; [2000] ECHR 85 15 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Savona -c- Italie 38479/97; [2000] ECHR 85; [2000] ECHR 86 15 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Vicari -c- Italie 40599/98; [2000] ECHR 86; [2000] ECHR 87 15 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nielsen -v- Denmark [2000] ECHR 80; 33488/96; [2000] ECHR 81 15 Feb 2000 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 ] - [ Bailii ] Â Roselli -c- Italie (NÂ° 1) 38480/97; [2000] ECHR 83; [2000] ECHR 84 15 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Rando -c- Italie 38498/97; [2000] ECHR 82; [2000] ECHR 83 15 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Italiano -c- Italie 39894/98; [2000] ECHR 79; [2000] ECHR 80 15 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Guagenti -c- Italie 39124/98; [2000] ECHR 77; [2000] ECHR 78 15 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Deschamps -c- Italie 38469/97; [2000] ECHR 75; [2000] ECHR 76 15 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Garcia Manibardo -v- Spain 38695/97; [2000] ECHR 77 15 Feb 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Costs and expenses award - Convention proceedings Limitations on a citizen's right of access to the courts must not be so wide as to deny the very essence of the right. 1 Citers [ Bailii ] Â Padalino -c- Italie 40570/98; [2000] ECHR 81; [2000] ECHR 82 15 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Jasper -v- The United Kingdom Times, 01 March 2000; 28901/95; (2000) 30 EHRR 441; (2000) 30 EHHR 1; (2000) 30 EHRR 480; [2000] ECHR 90 16 Feb 2000 ECHR Wildhaber P Human Rights, Police, Criminal Practice Grand Chamber - The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials. Held: The right was breached insofar as the prosecution had themselves sought to make that assessment without judicial involvement. Disclosure at a later stage on appeal was not a sufficient remedy, since the task of the appellate court was different. Nevertheless if the judge had been given some involvement, a necessary withholding could be proper. The court recognised that it was a "fundamental aspect of the right to a fair trial that criminal proceedings, including the elements of such proceedings which relate to procedure, should be adversarial and that there should be equality of arms between the prosecution and defence. The right to an adversarial trial means, in a criminal case, that both prosecution and defence must be given the opportunity to have knowledge of and comment on the observations filed and the evidence adduced by the other party. In addition Article 6(1) requires, as indeed does English law, that the prosecution authorities should disclose to the defence all material evidence in their possession for or against the accused" but "the European Court's task is to ascertain whether the decision-making procedure applied in each case complied, as far as possible, with the requirements of adversarial proceedings and equality of arms and incorporated adequate safeguards to protect the interests of the accused". European Convention on Human Rights 5 6.1 1 Cites 1 Citers [ Bailii ] - [ Worldlii ] Â Amann -v- Switzerland 27798/95; (2000) 30 EHRR 843; [2000] ECHR 88; ECHR 2000-II; [2011] ECHR 1671 16 Feb 2000 ECHR Human Rights, Police Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to interception of telephone call; Violation of Art. 8 with regard to creation and storing of information card; Preliminary objection dismissed; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention procedure "telephone calls received on private or business premises are covered by notions of 'private life' within the meaning of article 8.1." European Convention on Human Rights 8.1 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Amann -v- Switzerland [2000] ECHR 88; 27052/95 16 Feb 2000 ECHR Wildhaber P Human Rights, Criminal Practice (Grand Chamber) Complaint as to non-disclosure of prosecution evidence. European Convention on Human Rights 5 6.1 1 Cites 1 Citers [ Worldlii ] Â Fitt -v- United Kingdom 29777/96; [2000] ECHR 89; (2000) 30 EHRR 480; [2000] Po LR 10; [2000] 30 EHRR 480 16 Feb 2000 ECHR Wildhaber P Human Rights, Criminal Practice, Police (Grand Chamber) Complaint as to non-disclosure of prosecution evidence. European Convention on Human Rights 5 6.1 1 Citers [ Bailii ] - [ Worldii ] Â Rowe and Davis -v- The United Kingdom [2000] ECHR 91 16 Feb 2000 ECHR Wildhaber P Human Rights, Criminal Practice (Grand Chamber) Complaint as to non-disclosure of prosecution evidence. European Convention on Human Rights 5 6.1 1 Cites 1 Citers [ Bailii ] Â Â Regina -v- Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another; HL 17-Feb-2000 - Times, 22 February 2000; Gazette, 02 March 2000; [2000] UKHL 11; [2000] 2 WLR 373; [2000] 2 AC 412; [2000] 1 All ER 773 Â Â Morgans -v- Director of Public Prosecutions; HL 18-Feb-2000 - Times, 18 February 2000; Gazette, 02 March 2000; [2000] UKHL 9; [2000] 2 All ER 522; [2000] 2 WLR 386; [2000] Crim LR 576; [2001] 1 AC 315 Â Gast And Popp -v- Germany [2000] ECHR 91; 29357/95; [2000] ECHR 92 25 Feb 2000 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Paul Phillips -v- The United Kingdom 64509/01; [2000] ECHR 702 28 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Raiselis -v- Lithuania 37195/97; [2000] ECHR 97; [2000] ECHR 98 29 Feb 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Galloni -c- Italie 39453/98; [2000] ECHR 96; [2000] ECHR 97 29 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â K -v- The Netherlands 33403/11; [2000] ECHR 1863 29 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Fuentes Bobo -c- Espagne 39293/98; [2000] ECHR 95; [2000] ECHR 96 29 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Fernandes Magro -c- Portugal 36997/97; [2000] ECHR 94; [2000] ECHR 95 29 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Dionyssios Petrotos -c- Grece 43597/98; [2000] ECHR 93; [2000] ECHR 94 29 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Aggiato -c- Italie 36822/97; [2000] ECHR 92; [2000] ECHR 93 29 Feb 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Caballero -v- United Kingdom; ECHR 29-Feb-2000 - Times, 29 February 2000; (2000) 30 EHRR 643; 32819/96; [2000] ECHR 52; [2000] ECHR 53 Â Emesa Sugar (Free Zone) Nv -v- Aruba Case C-17/98 Times, 29 February 2000 29 Feb 2000 ECJ European, Administrative, Human Rights It was not open to a party to a case before the European Court of Justice to seek opportunity to make written representations on opinions submitted to the Court by the Advocate General. Opinions of the Court of Human Rights that a party should have opportunity to see and comment upon all matters put before a tribunal were not applicable in this case. The role of the Advocates General was not to act in a partisan manner, and their views were given in a quasi-judicial capacity. Â Krcmar And Others -v- The Czech Republic 35376/97; [2000] ECHR 98; [2000] ECHR 99 3 Mar 2000 ECHR Human Rights "The concept of a fair hearing … implies the right to adversarial proceedings, according to which the parties must have the opportunity not only to make known any evidence needed for their claims to succeed, but also to have knowledge of, and comment on, all evidence adduced or observations filed with a view to influencing the court's decision." European Convention on Human Rights 5 1 Citers [ Bailii ] - [ Bailii ] Â TI -v- United Kingdom [2000] INLR 211; [2000] ECHR 705 7 Mar 2000 ECHR Human Rights, Immigration The Dublin II Regulation did not absolve the United Kingdom from responsibility to ensure that a decision to expel an asylum seeker to another Member State did not expose him, at one remove, to treatment contrary to article 3 of the Convention. "In the present case, the applicant is threatened with removal to Germany, where a deportation order was previously issued to remove him to Sri Lanka. It is accepted by all parties that the applicant is not, as such, threatened with any treatment contrary to Article 3 in Germany. His removal to Germany is however one link in a possible chain of events which might result in his return to Sri Lanka where it is alleged that he would face the real risk of such treatment. The Court finds that the indirect removal in this case to an intermediary country, which is also a Contracting State, does not affect the responsibility of the United Kingdom to ensure that the applicant is not, as a result of its decision to expel, exposed to treatment contrary to Article 3 of the Convention. Nor can the United Kingdom rely automatically in that context on the arrangements made in the Dublin Convention concerning the attribution of responsibility between European countries for deciding asylum claims. Where States establish international agreements, to pursue co-operation in certain fields of activities, there may be implications for the protection of fundamental rights. It would be incompatible with the purpose and object of the Convention if Contracting States were thereby absolved from their responsibility under the Convention in relation to the field of activity covered by such attribution (see e.g. Waite and Kennedy v Germany judgment of 18 February 1999, Reports 1999, § 67). The Court notes the comments of the UNHCR that, while the Dublin Convention may pursue laudable objectives, its effectiveness may be undermined in practice by the differing approaches adopted by Contracting States to the scope of protection offered." Council Regulation (EC) No 343/2003 1 Citers [ Bailii ] Â T.I. -v- The United Kingdom 43844/98; [2000] ECHR 705 7 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Stephen Jordan -v- The United Kingdom (1) Times, 17 March 2000; 30280/96; [2000] ECHR 102; [2000] ECHR 103 14 Mar 2000 ECHR Criminal Practice, Human Rights A commanding officer had decided that a soldier should be held in custody pending trial. The soldier complained that since the same commanding officer would later be involved in the preparation of the case against him, that decision was tainted and that he had not had a fair hearing. Furthermore he complained that he had not been given any effective means of redress. It was held that the procedure infringed the soldier's rights to a fair trial, and also that no remedy was given. Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-5; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings 1 Citers [ Bailii ] - [ Bailii ] Â Caliendo -v- Italy 34437/97; [2000] ECHR 99; [2000] ECHR 100 14 Mar 2000 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 ] - [ Bailii ] Â Gladkowski -v- Poland [2000] ECHR 101; 29697/96; [2000] ECHR 102 14 Mar 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Cloez -c- France 41861/98; [2000] ECHR 100; [2000] ECHR 101 14 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Walden -v- Liechtenstein; ECHR 16-Mar-2000 - 33916/96; Unreported, 16 March 2000 Â Karl Heinz WALDEN v Liechtenstein - 33916/96; [2000] ECHR 710 16 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Ozgur Gundem -v- Turkey 23144/93; [2000] ECHR 103; [2000] ECHR 104 16 Mar 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; No violation of Art. 14; Struck out of the list in respect of the first applicant; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings The Turkish Government were under a positive obligation to take investigative and protective measures where the "pro-PKK" newspaper and its journalists and staff had been victim to a campaign of violence and intimidation. Effective exercise of article 10 freedom does not depend merely on the State's duty not to interfere, but may require positive measures of protection, even in the sphere of relations between individuals. European Convention on Human Rights 10 1 Citers [ Bailii ] - [ Bailii ] Â Papadopoulos -v- Cyprus [2000] ECHR 114; 39972/98; [2000] ECHR 115 21 Mar 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Andreas Wabl -v- Austria [2000] ECHR 104; 24773/94; [2000] ECHR 105 21 Mar 2000 ECHR Human Rights [ Bailii ] - [ Bailii ] Â JK -v- Slovakia [2000] ECHR 112; 29021/95; [2000] ECHR 113 21 Mar 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Â Rushiti -v- Austria; ECHR 21-Mar-2000 - (2000) 33 EHRR 1331; 28389/95; [2000] ECHR 106; [2000] 33 EHRR 56 Â MC And Others -v- The United Kingdom 25283/94; 25690/94; [2000] ECHR 113 21 Mar 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) 25283/94; 25690/94; 26701/95; 27771/95; 28457/95 [ Bailii ] Â Boudier -c- France 41857/98; [2000] ECHR 106; [2000] ECHR 107 21 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Castell -c- France 38783/97; [2000] ECHR 107; [2000] ECHR 108 21 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Fragola -c- Italie 40939/98; [2000] ECHR 109; [2000] ECHR 110 21 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gergouil -c- France 40111/98; [2000] ECHR 110; [2000] ECHR 111 21 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Guichon -c- France 40491/98; [2000] ECHR 111; [2000] ECHR 112 21 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Dulaurans -c- France 34553/97; [2000] ECHR 108; [2000] ECHR 109 21 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â MC And Others -v- The United Kingdom 26701/95; [2000] ECHR 114; 25283/94; 25690/94 21 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Rodrigues Coelho Osorio -c- Portugal 36674/97; [2000] ECHR 116; [2000] ECHR 117 23 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Velho Da Costa De Abreu Rocha And Tito De Morais -v- Portugal 33475/96; [2000] ECHR 118; 33436/96 23 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Velho Da Costa De Abreu Rocha Et Tito De Morais -c- Portugal 33436/96; [2000] ECHR 117 23 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Conde -c- Portugal 37010/97; [2000] ECHR 115; [2000] ECHR 116 23 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Hannu Paronen -v- Finland 35658/08; [2000] ECHR 781 24 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Baranowski -v- Poland [2000] ECHR 119; 28358/95; [2000] ECHR 120; [2011] ECHR 1699 28 Mar 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1; Violation of Art. 5-4; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] Â Henry Krog Pedersen -v- Denmark 28064/95; [2000] ECHR 124; [2000] ECHR 125 28 Mar 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Mahmut Kaya -v- Turkey 22535/93; [2000] ECHR 128; [2000] ECHR 129 28 Mar 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 in respect of failure to protect life; Violation of Art. 2 in respect of ineffective investigation; Violation of Art. 3; Violation of Art. 13; Not necessary to examine Art. 14; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Protopapa And Marangou -v- Greece [2000] ECHR 131; 38971/97; [2000] ECHR 132 28 Mar 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings [ Bailii ] - [ Bailii ] Â Pitsillos -v- Cyprus [2000] ECHR 130; 41854/98; [2000] ECHR 131 28 Mar 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Kiefer -v- Switzerland 27353/95; [2000] ECHR 126; [2000] ECHR 127 28 Mar 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Boccardi -v- Italy [2000] ECHR 120; 38045/97; [2000] ECHR 121 28 Mar 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Jacquie Et Ledun -c- France 40493/98; [2000] ECHR 125; [2000] ECHR 126 28 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Aldo And Jean-Baptiste Zanatta -v- France 38042/97; [2000] ECHR 119 28 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Dimitrios Georgiadis -c- Grece 41209/98; [2000] ECHR 122; [2000] ECHR 123 28 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Aldo Et Jean-Baptiste Zanatta -c- France 38042/97; [2000] ECHR 118 28 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Marrazzo -v- Italy [2000] ECHR 129; 41203/98; [2000] ECHR 130 28 Mar 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Kilic -v- Turkey [2000] ECHR 127; 22492/93; [2000] ECHR 128 28 Mar 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 in respect of failure to protect life; Violation of Art. 2 in respect of ineffective investigation; Not necessary to examine Art. 10; Violation of Art. 13; Not necessary to examine Art. 14; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Gerber -c- France 33237/96; [2000] ECHR 123; [2000] ECHR 124 28 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Curley -v- United Kingdom; ECHR 28-Mar-2000 - Times, 05 April 2000; 32340/96; [2000] ECHR 122; [2000] ECHR 122; (2001) 31 EHRR 14; [2000] Prison LR 65; (2000) 31 EHRR 401 Â J T -v- The United Kingdom Times, 05 April 2000; 26494/95; [2000] ECHR 132; [2000] ECHR 133 30 Mar 2000 ECHR Health, Human Rights The applicants case was struck out after a friendly settlement under which the UK government undertook to seek to amend Mental Health legislation. Current law did not provide an opportunity for a detained person to apply to court to have substituted some other person for the 'nearest relative' initially appointed, and in this case to substitute a social worker. Certain persons would also be excluded from the class of potential nearest relatives. Hudoc Judgment (Struck out of the list) Struck out of the list (arrangement) Mental Health Act 1983 - European Convention on Human Rights 1 Citers [ Bailii ] - [ Bailii ] Â Procaccini -c- Italie 31631/96; [2000] ECHR 133; [2000] ECHR 134 30 Mar 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â I S -v- Slovakia [2000] ECHR 136; 25006/94; [2000] ECHR 137 4 Apr 2000 ECHR Human Rights Hudoc Preliminary objection rejected (non-exhaustion); Preliminary objection rejected (estoppel); Violation of Art. 6-1 [ Bailii ] - [ Bailii ] Â Dewicka -v- Poland [2000] ECHR 135; 38670/97; [2000] ECHR 136 4 Apr 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Papachelas -v- Greece (Article 41) 31423/96 4 Apr 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Paul Walsh -v- The United Kingdom 33744/96; [2000] ECHR 138; [2000] ECHR 139 4 Apr 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Â Witold Litwa -v- Poland; ECHR 4-Apr-2000 - [2000] ECHR 140; 26629/95; [2000] ECHR 141 Â Pfleger -v- Austria 27648/95; [2000] ECHR 139; [2000] ECHR 140 4 Apr 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Clancy -v- Caird Times, 09 May 2000; [2000] ScotCS 96 4 Apr 2000 IHCS Lord Sutherland and Lord Coulsfield and Lord Penrose Administrative, Human Rights, Scotland A temporary judge could hear civil cases where the state was not a party to the action without infringing the convention right to a fair trial. Rights are not to be seen as abstractions, the question related to the manner in which they affected the applicant. The appointment of the judge for three years was short, but was not terminable during its currency, and the judge enjoyed the status and immunities of a permanent judge within the normal judicial system. Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 35(3) 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Â Academy Trading Ltd And Others -v- Greece [2000] ECHR 134; 30342/96; [2000] ECHR 135 4 Apr 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 6-1 with regard to impartiality; Violation of Art. 6-1 with regard to the length of the proceedings; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Di Annunzio -c- Italie 40965/98; [2000] ECHR 150; [2000] ECHR 151 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Capodanno -c- Italie 39881/98; [2000] ECHR 144; [2000] ECHR 145 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â C. -c- Italie 41824/98; [2000] ECHR 143; [2000] ECHR 144 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bucci -c- Italie 40975/98; [2000] ECHR 142; [2000] ECHR 143 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â A.V. Et A.B. -c- Italie 40958/98; [2000] ECHR 141; [2000] ECHR 142 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D'Alessandro -c- Italie 40954/98; [2000] ECHR 146; [2000] ECHR 147 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Denmark -v- Turkey [2000] ECHR 149; 34382/97; [2000] ECHR 150 5 Apr 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Dattilo -c- Italie 40960/98; [2000] ECHR 148; [2000] ECHR 149 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â L.G.S. S.P.A. -c- Italie 40980/98; [2000] ECHR 151; [2000] ECHR 152 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mantini -c- Italie 40978/98; [2000] ECHR 152; [2000] ECHR 153 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Marchetti -c- Italie (NÂ° 2) 40956/98; [2000] ECHR 153; [2000] ECHR 154 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Muso -c- Italie (NÂ° 2) 40981/98; [2000] ECHR 154; [2000] ECHR 155 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Paderni -c- Italie 40952/98; [2000] ECHR 155; [2000] ECHR 156 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pascali Et Conte -c- Italie 41823/98; [2000] ECHR 156; [2000] ECHR 157 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sciarrotta Et Guarino -c- Italie 40623/98; [2000] ECHR 157; [2000] ECHR 158 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D.M. -c- Italie 41828/98; [2000] ECHR 147; [2000] ECHR 148 5 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Conte -v- Italy [2000] ECHR 145; 40979/98; [2000] ECHR 146 5 Apr 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Dr Emmanuel Dibua Nwabueze -v- General Medical Council Times, 11 April 2000; [2000] UKPC 16; (Appeal No 21 of 1999); [2000] 1 WLR 1760 6 Apr 2000 PC Lord Hope of Craighead Health Professions, Human Rights Deliberations of the professional conduct committee hearing a case of professional conduct were in the presence of an assessor who gave advice to the committee. After returning from deliberation the assessor described the advice given, and the chairman announced his decision. Held: This infringed the right under article 8 of the doctor to a fair trial since he was not allowed to comment on the advice given. Allegations which were irrelevant to the doctor's practice should be deleted from the charge list presented. As to the lay member's presence on the Professional Conduct Committee of the General Medical Council, Lord Hope of Craighead said: "From this summary it can be seen that Mrs. Walker was and is eminently well qualified to sit on the Professional Conduct Committee as one of its lay members. She brought to that membership an extensive knowledge of the health service in Wales, as a result of having worked there for many years as ~ nurse and midwife and her period of service as director of the South East Wales Institute. It is in the public interest that those who serve as lay members on disciplinary bodies of this kind should be well-informed and have experience of working in the area within which cases are likely to arise on which they may be called upon to adjudicate. It could not possibly be suggested that there was anything in Mrs. Walker's general background that would be likely to give rise to the danger or possibility of bias on her part when she was considering a case from Wales." Medical Act 1983 1 Citers [ Bailii ] - [ PC ] - [ PC ] Â Comingersoll S A -v- Portugal 19, ECHR 2000-IV; 35382/97; [2000] ECHR 159; [2000] ECHR 160 6 Apr 2000 ECHR Human Rights, Criminal Practice Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award When assessing the affect on fairness of proceedings becoming unreasonably extended in time, the court should look at the particular complexity of the case, the conduct of the applicant and of the relevant authorities, and what was at stake for the applicant in the dispute. 1 Citers [ Bailii ] - [ Bailii ] Â Â Thlimmenos -v- Greece; ECHR 6-Apr-2000 - 34369/97; (2001) 31 EHRR 411; [2000] ECHR 162; (2001) 31 EHRR 15; (2001) 31 EHRR 15; 9 BHRC 12; ECHR 2000-IV Â Regina -v- Broadcasting Standards Commission, Ex Parte British Broadcasting Corporation Times, 12 April 2000; Gazette, 28 April 2000; [2000] EWCA Civ 116; [2001] QB 885 6 Apr 2000 CA The Master Of The Rolls, Lady Justice Hale And Lord Mustill Media, Intellectual Property, Human Rights The Act protects the privacy of a corporate body. A television company which secretly filmed in a company's store could be held to have infringed the privacy of the company by the Broadcasting Standards Commission. The Act went further than the Human Rights Convention in this respect, but there is no reason to limit the extent of the operation of the Act to match the convention. "An infringement of privacy is an affront to the personality, which is damaged both by the violation and by the demonstration that the personal space is not inviolate." Lord Mustill said: "To my mind the privacy of a human being denotes at the same time the personal 'space' in which the individual is free to be itself, and also the carapace, or shell, or umbrella, or whatever other metaphor is preferred, which protects that space from intrusion. An infringement of privacy is an affront to the personality, which is damaged both by the violation and by the demonstration that the personal space is not inviolate." Broadcasting Standards Act 1996 110 111 - European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] Â Labita -v- Italy 26772/95; [2000] 119 ECHR 2000 IV; [2000] ECHR 160; [2000] ECHR 161 6 Apr 2000 ECHR Human Rights, Criminal Practice Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3 with regard to alleged ill-treatment; Violation of Art. 3 with regard to lack of effective investigation; No violation of Art. 3 with regard to conditions of transfer; Violation of Art. 5-3; Violation of Art. 5-1; Violation of Art. 8; Not necessary to examine Art. 6-3; Violation of P4-2; Violation of P1-3; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. Where the authorities detain a suspect for a lengthy period before trial, they must show special diligence in the conduct of the proceedings to justify continued detention. Article 3 prohibits in absolute terms torture or inhuman or degrading treatment or punishment, irrespective of the circumstances and of the victim’s behaviour. European Convention on Human Rights 3 1 Citers [ Worldlii ] - [ Bailii ] Â Athanassoglou And Others -v- Switzerland 27644/95; [2000] ECHR 158; [2000] ECHR 159 6 Apr 2000 ECHR Human Rights Hudoc No violation of Art. 6-1; No violation of Art. 13; Struck out in respect of four applicants; Not necessary to examine preliminary objection (non-exhaustion) [ Worldlii ] - [ Bailii ] Â Sanna -c- Italie 38135/97; [2000] ECHR 164; [2000] ECHR 165 11 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sergi -c- Italie 37118/97; [2000] ECHR 165; [2000] ECHR 166 11 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sevtap Veznedaroglu -v- Turkey [2000] ECHR 166; 32357/96; [2000] ECHR 167 11 Apr 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Coscia -c- Italie 35616/97; [2000] ECHR 162; [2000] ECHR 163 11 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Piccinini -c- Italie 28936/95; [2000] ECHR 163; [2000] ECHR 164 11 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Liewe Hoekstra and Jan Van Rijs and Ronny Van Rijs and Hendrik Van Rijs -v- Hm Advocate Times, 14 April 2000; [2000] ScotHC 32 14 Apr 2000 HCJ Lord Justice General and Lady Cosgrove and Lord Sutherland Natural Justice, Human Rights, Scotland, Crime A judge, having given judgment in an appeal case involving the application of the convention on Human Rights, wrote and published an article critical of the convention, and of its application in national law. The appeal decision was set aside, since the reality or appearance of objective impartiality which was clearly required by both common law and the convention had been lost. The requirement for impartiality was both objective and subjective. European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Â Regina -v- HM Advocate Times, 14 April 2000 14 Apr 2000 HCJ Scotland, Criminal Practice, Human Rights Where the prosecution had delayed nearly four years between interview and charge, that delay was so unreasonable as to render a continuation of the prosecution a breach of the defendant's human rights to a fair trial. The period to be considered not when the police first heard of the allegation and began to investigate, but the substitution of formal proceedings. The convention gave him the right to a fair trial within a reasonable time. The prosecution could have proceeded several years earlier. Criminal Procedure (Scotland) Act 1995 Â Aleksandr Aleksandrovich Orlov -v- Ukraine 5842/05; [2000] ECHR 718; [2010] ECHR 755; [2011] ECHR 2132 16 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Cornwell -v- United Kingdom; Leary -v- United Kingdom Times, 10 May 2000; 36578/97; (2000) 27 EHRR CD62; [2000] ECHR 167; [2000] ECHR 168 25 Apr 2000 ECHR Human Rights, Benefits, Discrimination Mr Cornwell's wife had died on 24 October 1989, leaving a dependent child. On 7 February 1997 his representative had "contacted" the Benefits Agency to enquire about widow's benefits. On 14 February 1997 the Agency "answered" to say that legislation provided only for widows and not widowers. On 28 March 1997 the Agency confirmed that if Mrs Cornwell's record had been that of a man, her survivor would have been entitled to Widow's Payment and WMA. The position of the Government was set out in the decision as follows: "The Government contest the admissibility of the application insofar as it relates to the period 24 October 1989 to 7 February 1996. They point out that the applicant did not attempt to claim widows' benefits until 7 February 1997 and that it was only from this date onwards that the legislation was applied to him. Had a woman claimed widows' benefits on 7 February 1997 in respect of the death of her husband in October 1989, she would have been told that she was out of time for claiming a widow's payment and that she could only claim widowed mothers' allowance with effect from 8 February 1996. The UK had agreed to pay the benefit equally until the coming into force of legislation which would correct the situation. 1 Citers [ Bailii ] - [ Bailii ] Â Leary -v- The United Kingdom 38890/97; [2000] ECHR 168; [2000] ECHR 169 25 Apr 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Punzelt -v- The Czech Republic (2001) 33 EHRR; [2000] ECHR 169; 31315/96; [2000] ECHR 170 25 Apr 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 with regard to length of detention; No violation of Art. 5-3 with regard to refusal of bail; No violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award 1 Citers [ Bailii ] - [ Bailii ] Â Rizzotto -c- France 31115/96; [2000] ECHR 171 25 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â K And T -v- Finland ECHR 2001-VII; [2000] ECHR 173; 25702/94; [2000] ECHR 174 27 Apr 2000 ECHR Human Rights, Children Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No violation of Art. 13; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings; Costs and expenses partial award - domestic proceedings Taking a newly born child straight into care may infringe the right to family life. 1 Citers [ Worldii ] - [ Bailii ] Â Shackell -v- United Kingdom 45851/99 27 Apr 2000 ECHR Human Rights, Family, Benefits The court held inadmissible a claim by an unmarried woman to widow's benefit. The parties having chosen not to marry, they could not complain of not having the legal benefits of a marriage. The promotion of marriage by way of limited benefits for surviving spouses could not be said to exceed the margin of appreciation afforded to the Government: "The court accepts that there may well not be an increased social acceptance of stable personal relationships outside the traditional notion of marriage. However, marriage remains an institution which is widely accepted as conferring a particular status on those who enter it." 1 Citers Â Rotondi -c- Italie 38113/97; [2000] ECHR 177; [2000] ECHR 178 27 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bertozzi -c- Italie 39883/98; [2000] ECHR 172; [2000] ECHR 173 27 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Starace -v- Italy [2000] ECHR 179; 34081/96; [2000] ECHR 180 27 Apr 2000 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 ] - [ Bailii ] Â Pepe -c- Italie 30132/96; [2000] ECHR 176; [2000] ECHR 177 27 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kuopila -v- Finland [2000] ECHR 174; 27752/95; [2000] ECHR 175 27 Apr 2000 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 ] - [ Bailii ] Â S.A.Ge.Ma S.N.C. -c- Italie 40184/98; [2000] ECHR 178; [2000] ECHR 179 27 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â L -v- Finland [2000] ECHR 175; 25651/94; [2000] ECHR 176; [2000] 2 FLR 118; [2000] Fam Law 536; (2001) 31 EHRR 30; [2000] 3 FCR 219; 31 EHRR 30 27 Apr 2000 ECHR Mr G. Ress Human Rights, Children Hudoc Judgment (Merits and just satisfaction) No violation of Art. 8; No violation of Art. 13; Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings; Costs and expenses partial award - domestic proceedings "the consideration of what is in the best interests of the child is of crucial importance." 1 Citers [ Bailii ] - [ Bailii ] Â Aspichi Dehwari -v- The Netherlands (2000) 29 EHRR CD 74; 37014/97; [2000] ECHR 171; [2000] ECHR 172 27 Apr 2000 ECHR Human Rights This was a foreign case in Human Rights law terms, concerned with the applicant's expulsion to Iran. His Art 2 claim failed on the facts. But the claim was not rejected in principle, and having referred to the case law on article 3 the Commission said: "The Commission has previously examined the question whether analogous considerations apply to Article 2, in particular whether this provision can also engage the responsibility of a Contracting State where, upon expulsion or other removal, the person's life is in danger. To this end the Commission reiterated that Article 2 contains two separate though interrelated basic elements. The first sentence of paragraph 1 sets forth the general obligation that the right to life shall be protected by law. The second sentence of this paragraph contains a prohibition of intentional deprivation of life, delimited by the exceptions mentioned in the second sentence itself and in paragraph 2 (Bahaddar v Netherlands (1998) 26 EHRR 278). 60. The Commission finds nothing to indicate that the expulsion of the applicant would amount to a violation of the general obligation contained in the first sentence of paragraph 1 of Article 2 of the Convention. 61. As to the prohibition of intentional deprivation of life, including the execution of a death penalty, the Commission does not exclude that an issue might arise under Article 2 of the Convention or Article 1 of Protocol No. 6 in circumstances in which the expelling State knowingly puts the person concerned [at] such high risk of losing his life as for the outcome to be a near-certainty. The Commission considers, however, that a 'real risk' — within the meaning of the case law concerning Article 3 (see para 58 above) — of loss of life would not as such necessarily render an expulsion contrary to Article 2 of the Convention or Article 1 of Protocol No. 6, although it would amount to inhuman treatment within the meaning of Article 3 of the Convention (cf. Bahaddar v Netherlands, op. cit., para 78). 62. The Commission has examined the applicant's allegations but finds it insufficiently substantiated that his expulsion would disclose such a high risk of loss of life as to trigger the applicability of Article 2 of the Convention or Article 1 of Protocol No. 6." 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Vero -c- Italie 41818/98; [2000] ECHR 188; [2000] ECHR 189 28 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cardillo -c- Italie 41833/98; [2000] ECHR 181; [2000] ECHR 182 28 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Di Antonio -c- Italie 41839/98; [2000] ECHR 182; [2000] ECHR 183 28 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sinagoga -c- Italie 41820/98; [2000] ECHR 183; [2000] ECHR 184 28 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â T. -c- Italie (No; 1) 41834/98; [2000] ECHR 184; [2000] ECHR 185 28 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina -v- Perry Times, 28 April 2000 28 Apr 2000 CACD Human Rights, Criminal Evidence The over frequent reference to Human Rights legislation when challenging identification evidence procedures, was capable of bringing disrepute on that branch of law. The case could be disposed of entirely within national law. Breaches of the Codes of Practice on the conduct of Identification Procedures did not prevent the resulting evidence of identification being admitted. Â T. -c- Italie (NÂ° 2) 41836/98; [2000] ECHR 185; [2000] ECHR 186 28 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tolli -c- Italie 41842/98; [2000] ECHR 186; [2000] ECHR 187 28 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Vay -c- Italie 41841/98; [2000] ECHR 187; [2000] ECHR 188 28 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Capurro Et Tosetti -c- Italie 45071/98; [2000] ECHR 180; [2000] ECHR 181 28 Apr 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bergens Tidende And Others -v- Norway 26132/95; (2001) 31 EHRR 16; [2000] ECHR 190 2 May 2000 ECHR Human Rights, Media, Defamation A newspaper complained that its rights under Article 10 of the Convention had been infringed by a libel action which a cosmetic surgeon had successfully brought against it in respect of defamatory articles it had published saying he was incompetent. Held: The complaint succeeded, but the rights of the press are to be balanced by responsibilities. As to the general principles, the Court referred to its well-established case law and the freedom of expression which constitutes one of the essential foundations of a democratic society, subject to Article 10(2) which leaves the national authorities with a certain margin of appreciation and continued: "The Court further recalls the essential function the press fulfils in a democratic society. Although the press must not overstep certain bounds, particularly as regards the reputation and rights of others and the need to prevent the disclosure of confidential information, its duty is nevertheless to impart - in a manner consistent with its obligations and responsibilities - information and ideas on all matters of public interest." In applying these principles, the Court came back to the same point: "Where, as in the present case, measures taken by the national authorities are capable of discouraging the press from disseminating information on matters of legitimate public concern, careful scrutiny of the proportionality of the measures on the part of the Court is called for." However, the Court further observes that Article 10 of the Convention does not guarantee a wholly unrestricted freedom of expression even with respect to press coverage of matters of serious public concern. Under the terms of paragraph (2) of the Article, the exercise of this freedom carries with it 'duties and responsibilities' which also apply to the press." In view of the importance of the right to freedom of expression, restrictions upon it have to be "established convincingly". 1 Citers [ Bailii ] - [ Bailii ] Â Condron -v- The United Kingdom Times, 09 May 2000; 35718/97; (2001) 31 EHRR 1; [2000] ECHR 190; [2000] ECHR 191 2 May 2000 ECHR Human Rights, Criminal Evidence A direction to a jury about an accused person's silence during police questioning was inadequate to protect the right to a fair trial. The applicants had been advised by their solicitor to remain silent during interview because they were withdrawing from heroin. The judge allowed the jury the option of drawing an adverse inference from their silence. Held: The right of silence lay at the heart of a right to a fair trial. A court should be particularly careful before allowing such adverse inferences: "the fact that the applicants' exercised their right to silence at the police station is relevant to the determination of the fairness issue. However that fact does not itself preclude the drawing of an adverse inference . . Similarly, the fact that the issue of the applicants' silence was left to a jury cannot of itself be considered incompatible with the requirements of a fair trial. It is, rather, another relevant consideration to be weighed in the balance when assessing whether or not it was fair to do so in the circumstances." It was mandatory, when giving guidance to the jury on s.34, to direct the jury that they should not draw an adverse inference from silence unless they were satisfied that the silence could only be attributed to the defendant having no answer to the Crown's case, or none that would stand up to cross-examination. Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; No separate issue under Art. 6-2; Not necessary to examine Art. 6-3-b and 6-3-c; Costs and expenses partial award - Convention proceedings Criminal Justice and Public Order Act 19945 - European Convention on Human Rights 6 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Â Daniels -v- Walker; CA 3-May-2000 - Times, 17 May 2000; Gazette, 31 May 2000; [2000] EWCA Civ 508; [2000] PIQR 193; [2000] CPLR 462; [2000] 1 WLR 1382 Â Rotaru -v- Romania 28341/95; [2000] ECHR 192; (2000) 8 BHRC 449 4 May 2000 ECHR Human Rights The applicant, a lawyer, complained of a violation of his right to respect for his private life on account of the use against him by the Romanian Intelligence Service of a file which contained information about his conviction for insulting behaviour because, when he was a student, he had written two letters of protest against the abolition of freedom of expression when the communist regime was established in 1946. Held: Referring to its judgment in Leander v Sweden (1987) 9 EHRR 433, para 48, the court said that the storing of information relating to an individual's private life in a secret register and the release of such information come within the scope of article 8(1): "Moreover, public information can fall within the scope of private life where it is systematically collected and stored in files held by the authorities. This is all the truer where such information concerns a person's distant past." 1 Citers [ Bailii ] - [ Bailii ] Â Â Powell -v- United Kingdom; ECHR 4-May-2000 - 45305/99; (2000) 30 EHRR CD 152; [2000] ECHR 703 Â G.H. B. -v- The United Kingdom 42455/98; [2000] ECHR 711 4 May 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Ertak -v- Turkey 20764/92; [2000] ECHR 192; [2000] ECHR 193 9 May 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Crummock (Scotland) Ltd -v- Hm Advocate Times, 09 May 2000 9 May 2000 HCJ Criminal Practice, Human Rights, Scotland A company was charged with causing a contamination of the water over a large area, and the jury was drawn from that same area, and therefore might contain members who had drunk the water alleged to have been contaminated. The issues surrounding the impartiality of a jury were different from those about a judge. They were selected at random from a wide area. It was fallacious to view them as potential complainants. European Convention on Human Rights Â Sander -v- The United Kingdom Times, 12 May 2000; 34129/96; (2000) 8 BHRC 279; (2000) 31 EHRR 1003; [2000] ECHR 193; [2000] ECHR 194 9 May 2000 ECHR Criminal Practice, Human Rights In a trial of an Asian defendant a juror complained that other jurors had made racist jokes, and feared that the defendant would not receive a fair trial. The judge obtained re-assurance from the jury that they would not so act, but did so in a way in which the complainor was identified. The trial was defective. The defendant could not be expected to accept that he had had a fair trial. The acquittal of an Asian co-defendant made no difference since the case against him was different. Hudoc Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - claim rejected 1 Citers [ Worldlii ] - [ Bailii ] Â Khan -v- The United Kingdom Times, 23 May 2000; 35394/97; ECHR 2000-V; [2000] ECHR 194; (2000) 31 EHRR 1016; [2000] ECHR 195; (2001) 31 EHRR 45 12 May 2000 ECHR Human Rights, Criminal Evidence Evidence was acknowledged to have been obtained unlawfully and in breach of another article of the Convention. The police had installed covert listening devices on private property without the knowledge or consent of the owner. UK national law did not regulate sufficiently the use of covert listening devices to protect the individual's rights under the Convention to respect for private and family life, and nor did the law give any effective remedy for such intrusion. The court in admitting such evidence had taken proper account of the unfairness and lack of regulation. The UK courts had not considered the admission of the evidence to be unfair. The complaint under article 8 was upheld, that under article 6 was rejected. Police and Criminal Evidence Act 1984 78 - European Convention on Human Rights 6 8.1 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Fertiladour S.A. -c- Portugal 36668/97; [2000] ECHR 195; [2000] ECHR 196 18 May 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â B -v- Secretary of State for Home Department; CA 18-May-2000 - [2000] EWCA Civ 158; [2000] Imm AR 478; [2000] INLR 361; [2000] 2 CMLR 1086 Â Velikova -v- Bulgaria 41488/98; [2000] ECHR 198 18 May 2000 ECHR Human Rights The applicant complained under Articles 2, 6, 13 and 14 of the Convention in respect inter alia of the alleged ineffective investigation into the death in police custody of Mr Tsonchev, the man with whom she had been living. Held: "The Court recalls that the State's obligation under Article 2 to protect the right to life, read in conjunction with its general duty under Article 1 of the Convention 'to secure to everyone within their jurisdiction the rights and freedoms defined [therein]', 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 investigation must be, inter alia, thorough, impartial and careful (see the McCann and Others v. the United Kingdom judgment of 27 September 1995, Series A no. 324, p. 49 §§ 161-163, and the Çakici judgment . . The Court further considers that the nature and degree of scrutiny which satisfies the minimum threshold of the investigation's effectiveness depends on the circumstances of the particular case. It must be assessed on the basis of all relevant facts and with regard to the practical realities of investigation work. It is not possible to reduce the variety of situations which might occur to a bare check list of acts of investigation or other simplified criteria (see the Tanrikulu v. Turkey judgment of 8 July 1999, Reports 1999-§§ 101-110, the Kaya v. Turkey judgment of 19 February 1998, Reports 1998-I, pp. 325 and 326, §§ 89-91, and the Güleç v. Turkey judgment of 27 July 1998, Reports 1998-IV, pp. 1732-1733, §§ 79-81)." 1 Citers [ Bailii ] - [ Bailii ] Â Gaulieder -v- Slovakia [2000] ECHR 196; 36909/97; [2000] ECHR 197 18 May 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Wojcik -v- Poland [2000] ECHR 199; 26757/95; [2000] ECHR 200 23 May 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Van Pelt -c- France 31070/96; [2000] ECHR 198; [2000] ECHR 199 23 May 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Regina -v- X; R -v- Y; R -v- Z; CACD 23-May-2000 - Times, 23 May 2000 Â Esposito -c- Italie 20855/92; [2000] ECHR 201; [2000] ECHR 202 25 May 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Miragall Escolano And Others -v- Spain (Article 41) 38366/97 ; 38688/97 ; 407 25 May 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (arrangement) 38366/97; 38688/97; 40777/98; 40843/98; 41015/98; 41400/98; 41446/98; 41484/98; 41487/98; 41509/98 1 Citers Â Arbore -c- Italie 41840/98; [2000] ECHR 200; [2000] ECHR 201 25 May 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Colette Bruny -c- France 41792/98; [2000] ECHR 206; [2000] ECHR 207 30 May 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Laurent Bernard -c- France 38164/97; [2000] ECHR 208; [2000] ECHR 209 30 May 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Favre-Clement -c- France 35055/97; [2000] ECHR 207 30 May 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Favre-Clement -v- France 35055/97; [2000] ECHR 208 30 May 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Vilborg Yrsa Sigurdardottir -v- Iceland [2000] ECHR 210; 32451/96; [2000] ECHR 211 30 May 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Belvedere Alberghiera S R L -v- Italy 31524/96; 51, ECHR 2000-VI; [2000] ECHR 204; [2003] ECHR 562; [2000] ECHR 205; [2003] ECHR 562 30 May 2000 ECHR Human Rights Hudoc Violation of P1-1; Just satisfaction reserved “The first rule, set out in the first sentence of the first paragraph, is of a general nature and enunciates the principle of the peaceful enjoyment of property; the second rule, contained in the second sentence of the first paragraph, covers deprivation of possessions and subjects it to certain conditions; the third rule, stated in the second paragraph, recognises that the Contracting States are entitled, amongst other things, to control the use of property in accordance with the general interest ... The three rules are not, however, ‘distinct’ in the sense of being unconnected. The second and third rules are concerned with particular instances of interference with the right to peaceful enjoyment of property and should therefore be construed in the light of the general principle enunciated in the first rule.” European Convention on Human Rights P-1A-1 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â A O -v- Italy [2000] ECHR 203; 22534/93; [2000] ECHR 204 30 May 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award [ Bailii ] - [ Bailii ] Â Carbonara And Ventura -v- Italy [2000] ECHR 205; [2003] ECHR 669; 24638/94; [2000] ECHR 206; [2003] ECHR 674 30 May 2000 ECHR Human Rights Hudoc Violation of P1-1; Just satisfaction reserved; Preliminary objection dismissed (victim) [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Siglfirdingur Ehf -v- Iceland [2000] ECHR 209; 34142/96; [2000] ECHR 210 30 May 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Â Regina -v- Malik; CACD 30-May-2000 - Times, 30 May 2000 Â Loewenguth -v- France 53183/99; [2000] ECHR 713 30 May 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Cesky -v- The Czech Republic [2000] ECHR 213; 33644/96; [2000] ECHR 214 6 Jun 2000 ECHR Human Rights, Damages Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings The applicant claimed the equivalent of £5660 for four years' lost earnings, on the basis of average earnings in the Czech Republic between 1993 and 1997. 1 Citers [ Bailii ] - [ Bailii ] Â Downing -v- The United Kingdom [2000] ECHR 214; 36525/97; [2000] ECHR 215 6 Jun 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Mikulski -v- Poland [2000] ECHR 216; 27914/95; [2000] ECHR 217 6 Jun 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Magee -v- The United Kingdom [2000] ECHR 215; 28135/95 6 Jun 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-c; No violation of Art. 14+6; Pecuniary damage - finding of violation sufficient; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings 1 Citers [ Bailii ] Â Castillon -v- France 35348/97; [2000] ECHR 212; [2000] ECHR 213 6 Jun 2000 ECHR Human Rights Hudoc Judgment (Preliminary objections) Preliminary objection allowed (non-exhaustion) [ Bailii ] - [ Bailii ] Â Morel -v- France [2000] ECHR 217; 34130/96; [2000] ECHR 218 6 Jun 2000 ECHR Human Rights Hudoc No violation of Art. 6-1 concerning the right to a fair hearing; No violation of Art. 6-1 concerning the right to an impartial tribunal [ Bailii ] - [ Bailii ] Â Averill -v- The United Kingdom [2000] ECHR 211; 36408/97 6 Jun 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 6-1; No violation of Art. 6-2; Violation of Art. 6-1+6-3-c; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings [ Bailii ] Â Grosse -v- Denmark [2000] ECHR 218; 30285/96; [2000] ECHR 219 8 Jun 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Oliveira Modesto Et Autres -c- Portugal 34422/97; [2000] ECHR 219; [2000] ECHR 220 8 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina -v- Camden & Islington Health Authority, Ex Parte K [2000] EWHC Admin 353 9 Jun 2000 Admn Burton J Health, Human Rights 1 Cites 1 Citers [ Bailii ] Â BBC, Petitioners (No 2) Times, 13 June 2000 13 Jun 2000 HCJ Media, Human Rights, Scotland A ban on the televising of the Lockerbie trial was not a breach of the broadcasters rights under article 10. The fact that arrangements had been made for the trial to be relayed by television under strict conditions to relatives of the deceased, but not for general use was not determinative. The exercise by the Lord Advocate after discussion with the US government of his discretion to allow such transmission, had not been demonstrated to give rise to a devolution issue. European Convention on Human Rights 1 Cites Â Asifa Saleem -v- Secretary of State for Home Department Times, 22 June 2000; [2000] EWCA Civ 186; [2001] 1 WLR 443 13 Jun 2000 CA Lord Justice Roch, Lord Justice Mummery and Lady Justice Hale Judicial Review, Immigration, Human Rights A rule which deemed service on an asylum applicant two days after postage of a special adjudicator's determination irrespective of whether it was in fact received was outside the powers given to the Secretary, and is of no effect. The Act gave power to make rules, but the receipt of the determination was fundamental to the exercise of the rights under the Act. "There is an analogy here with the principles established under Article 6 of the ECHR. Immigration and asylum cases have not been held by the ECHR to be 'the determination of his civil rights and obligations' for the purpose of Article 6. Furthermore, Article 6 does not guarantee a right of appeal. But if the State establishes such a right it must ensure that people within its jurisdiction enjoy the fundamental guarantees in Article 6". The right of appeal to an independent appellate body was a fundamental or basic right akin to the right of unimpeded access to a court, an infringement of which must be either expressly authorised by or arise by necessary implication from an Act of Parliament. Immigration Act 1971 - Asylum Appeals (Procedure) Rules 1996 2070 - European Convention on Human Rights 6 1 Citers [ Bailii ] Â Timurtas -v- Turkey [2000] ECHR 221; 23531/94; [2000] ECHR 222 13 Jun 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 on account of the State [ Bailii ] - [ Bailii ] Â Â Locabail (UK Ltd and Another -v- Waldorf Investment Corporation and Others (No 4); ChD 13-Jun-2000 - Times, 13 June 2000; Gazette, 22 June 2000 Â Serra -c- France 34206/96; [2000] ECHR 220; [2000] ECHR 221 13 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Erdogdu -v- Turkey [2000] ECHR 222; 25723/94; [2000] ECHR 223 15 Jun 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion); Violation of Art. 10; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Karl Anderson, Brian Doherty, and Alexander Reid -v- The Scottish Ministers and the Advocate General for Scotland Times, 21 June 2000 16 Jun 2000 IHCS Lord President Human Rights, Health, Scotland Where a person had been detained under mental health legislation on one ground, but then came to be seen to be somebody from whom protection was needed by the population on another ground, it was not a breach of his human rights to detain him on the new ground, nor to change the law in the midst of review proceedings in such a way as to ensure the likely failure of such a review. The court should however look with great circumspection at such changes in the law. Mental Health Public Safety and Appeals (Scotland) Act 1999 1 1 Cites 1 Citers [ ScotC ] Â Averill -v- United Kingdom Times, 20 June 2000; 36408/97; [2000] ECHR 212 20 Jun 2000 ECHR Human Rights, Criminal Practice In general, access to a lawyer should be guaranteed to a suspect before he is interviewed. The right of silence is not absolute. The caution which warns of possible adverse inferences is itself an indirect form of compulsion. However whether a breach occurred is a matter of fact in the circumstances. Because of the possibility of such inferences being drawn, it was necessary to give a suspect access to a solicitor before interview. [ Bailii ] Â Â Magee -v- United Kingdom; ECHR 20-Jun-2000 - Times, 20 June 2000; 28135/95; [2000] ECHR 216; (2001) 31 EHRR 35 Â Foxley -v- United Kingdom Times, 04 July 2000; (2001) 31 EHRR 637; 33274/96; [2000] ECHR 223; [2000] ECHR 224 20 Jun 2000 ECHR Human Rights, Insolvency, Legal Professions A bankrupt was suspected of disposing of his assets to avoid a confiscation order. The trustee in bankruptcy obtained an order for the bankrupt's post to be diverted to her whilst he was in prison. She opened all post and copied it before forwarding it to the bankrupt. This included correspondence with his legal advisers. The order and her practice infringed the bankrupt's human rights insofar as no distinction was made with respect to correspondence protected by legal privilege, and insofar as the order continued in effect after the bankrupt's discharge. "The Court can see no justification for this procedure and considers that the action taken was not in keeping with the principles of confidentiality and professional privilege attaching to relations between a lawyer and his client. It notes in this connection that the Government have not sought to argue that the privileged channel of communication was being abused; nor have they invoked any other exceptional circumstances which would serve to justify the interference with reference to their margin of appreciation." Insolvency Act 1986 371 - European Convention on Human Rights 1 Citers [ Bailii ] - [ Bailii ] Â Lindelof -v- Sweden 22771/93; [2000] ECHR 224; [2000] ECHR 225 20 Jun 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Mauer -v- Austria (No 2) [2000] ECHR 225; 35401/97; [2000] ECHR 226 20 Jun 2000 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 [ Bailii ] - [ Bailii ] Â Febbraro -c- Italie 43037/98; [2000] ECHR 269; [2000] ECHR 270 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Falzarano -c- Italie 42991/98; [2000] ECHR 268; [2000] ECHR 269 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Filomena Giovanna Gioia -c- Italie 43050/98; [2000] ECHR 270; [2000] ECHR 271 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Fallarino -c- Italie 43056/98; [2000] ECHR 267; [2000] ECHR 268 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Di Libero -c- Italie 43030/98; [2000] ECHR 265; [2000] ECHR 266 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Di Mella -c- Italie 43022/98; [2000] ECHR 266; [2000] ECHR 267 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Fiore -c- Italie 43025/98; [2000] ECHR 271; [2000] ECHR 272 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Di Blasio -c- Italie 43062/98; [2000] ECHR 264; [2000] ECHR 265 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Del Vecchio -c- Italie 43047/98; [2000] ECHR 263; [2000] ECHR 264 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Del Grosso -c- Italie 42992/98; [2000] ECHR 262; [2000] ECHR 263 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Del Bouno -c- Italie 43054/98; [2000] ECHR 261; [2000] ECHR 262 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Forgione -c- Italie 43045/98; [2000] ECHR 272; [2000] ECHR 273 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â De Fiore -c- Italie 43003/98; [2000] ECHR 260 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â De Cicco -c- Italie 43044/98; [2000] ECHR 258; [2000] ECHR 259 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â De Nunzio -c- Italie 43013/98; [2000] ECHR 261 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Giuseppe Gallo -c- Italie 43075/98; [2000] ECHR 280; [2000] ECHR 281 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Intorcia -c- Italie 43105/98; [2000] ECHR 287; [2000] ECHR 288 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Iapalucci -c- Italie 43021/98; [2000] ECHR 286; [2000] ECHR 287 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Iannotti -c- Italie 43101/98; [2000] ECHR 285; [2000] ECHR 286 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Borrillo -c- Italie 38973/97; [2000] ECHR 238; [2000] ECHR 239 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D'Errico -c- Italie 43014/98; [2000] ECHR 257; [2000] ECHR 258 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Iannotta -c- Italie 42998/98; [2000] ECHR 284; [2000] ECHR 285 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Guarino -c- Italie 43072/98; [2000] ECHR 283; [2000] ECHR 284 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Grasso -c- Italie 43074/98; [2000] ECHR 281; [2000] ECHR 282 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Foschini -c- Italie 43058/98; [2000] ECHR 273; [2000] ECHR 274 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gianfranco Lombardi Et 7 Autres -c- Italie 43103/98; [2000] ECHR 279; [2000] ECHR 280 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Garcia Faria -c- Portugal 36776/97; [2000] ECHR 278; [2000] ECHR 279 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Galietti -c- Italie 43104/98; [2000] ECHR 277; [2000] ECHR 278 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â G.P. -c- Italie 43093/98; [2000] ECHR 276; [2000] ECHR 277 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â G.A. -c- Italie 43096/98; [2000] ECHR 275; [2000] ECHR 276 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Francesco Lombardi -c- Italie 43039/98; [2000] ECHR 274; [2000] ECHR 275 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Grazia Pasqualina Paradiso -c- Italie 43032/98; [2000] ECHR 282; [2000] ECHR 283 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Angelina Gioia -c- Italie 38975/97; [2000] ECHR 229; [2000] ECHR 230 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â C.S. -c- Italie 43082/98; [2000] ECHR 240; [2000] ECHR 241 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bianco -c- Italie 43033/98; [2000] ECHR 237; [2000] ECHR 238 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bianchi -c- Italie 43005/98; [2000] ECHR 236; [2000] ECHR 237 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bernardo -c- Italie 43048/98; [2000] ECHR 235; [2000] ECHR 236 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bello -c- Italie 43063/98; [2000] ECHR 234; [2000] ECHR 235 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â C.B. -c- Italie 43094/98; [2000] ECHR 239; [2000] ECHR 240 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Antonio D'Addona -c- Italie 43031/98; [2000] ECHR 231; [2000] ECHR 232 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Izzo -c- Italie 43067/98; [2000] ECHR 289 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Adelia Fusco -c- Italie 43049/98; [2000] ECHR 228; [2000] ECHR 229 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ada Ascierto -c- Italie 40363/98; [2000] ECHR 227; [2000] ECHR 228 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â A.S. -c- Italie 43077/98; [2000] ECHR 226; [2000] ECHR 227 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Lubbe (Suing As Administrator Of The Estate Of Rachel Jacoba Lubbe) and 4 Others -v- Cape plc and Related Appeals; HL 22-Jun-2000 - Gazette, 31 August 2000; [2000] UKHL 41; [2000] 4 All ER 268; [2000] 1 WLR 1545 Â Coeme And Others -v- Belgium 32548/96; [2000] ECHR 250; 32492/96; 32547/96 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â In Re F (Minors) (Care Proceedings): Contact); FD 22-Jun-2000 - Times, 22 June 2000 Â Bacelar De Sousa Machado -c- Portugal (No 2) 37311/97; [2000] ECHR 233; [2000] ECHR 234 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Circelli -c- Italie 43107/98; [2000] ECHR 247; [2000] ECHR 248 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D'Angelo -c- Italie 43043/98; [2000] ECHR 255; [2000] ECHR 256 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D'Ambrosio -c- Italie 43017/98; [2000] ECHR 254; [2000] ECHR 255 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Costantini -c- Italie 42989/98; [2000] ECHR 253; [2000] ECHR 254 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cosimo Rotondi -c- Italie 43087/98; [2000] ECHR 252; [2000] ECHR 253 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cosimo Cesare -c- Italie 43086/98; [2000] ECHR 251; [2000] ECHR 252 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bacelar De Sousa Machado -c- Portugal (No 1) 37308/97; [2000] ECHR 232; [2000] ECHR 233 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cocca -c- Italie 42996/98; [2000] ECHR 248; [2000] ECHR 249 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D'Antonoli -c- Italie 43059/98; [2000] ECHR 256; [2000] ECHR 257 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Catillo -c- Italie 43008/98; [2000] ECHR 246; [2000] ECHR 247 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cardo -c- Italie 43024/98; [2000] ECHR 245; [2000] ECHR 246 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Capasso -c- Italie 43007/98; [2000] ECHR 244; [2000] ECHR 245 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Camerlengo -c- Italie 43073/98; [2000] ECHR 243; [2000] ECHR 244 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cacciacarro -c- Italie 42999/98; [2000] ECHR 242; [2000] ECHR 243 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â C.T. -c- Italie 43081/98; [2000] ECHR 241; [2000] ECHR 242 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Coppolaro -c- Italie 43088/98; [2000] ECHR 250; [2000] ECHR 251 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Santoro -c- Italie 43036/98; [2000] ECHR 336; [2000] ECHR 337 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Palumbo -c- Italie 43012/98; [2000] ECHR 321; [2000] ECHR 322 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Panzanella -c- Italie 43052/98; [2000] ECHR 322; [2000] ECHR 323 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Parrella -c- Italie 43034/98; [2000] ECHR 323; [2000] ECHR 324 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pasquale Ciaramella -c- Italie 43020/98; [2000] ECHR 324; [2000] ECHR 325 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Patuto -c- Italie 43061/98; [2000] ECHR 325; [2000] ECHR 326 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pellegrino Rossi -c- Italie 43089/98; [2000] ECHR 326; [2000] ECHR 327 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Perugini -c- Italie 43090/98; [2000] ECHR 327; [2000] ECHR 328 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pietro Ascierto -c- Italie 43092/98; [2000] ECHR 328; [2000] ECHR 329 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pozella -c- Italie 43023/98; [2000] ECHR 329; [2000] ECHR 330 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Raccio -c- Italie 43042/98; [2000] ECHR 330; [2000] ECHR 331 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ranaldo -c- Italie 43040/98; [2000] ECHR 331; [2000] ECHR 332 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ricci -c- Italie 43027/98; [2000] ECHR 332; [2000] ECHR 333 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Rubortone -c- Italie 43019/98; [2000] ECHR 333; [2000] ECHR 334 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Palmieri -c- Italie 43029/98; [2000] ECHR 320; [2000] ECHR 321 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tontoli -c- Italie 43084/98; [2000] ECHR 342; [2000] ECHR 343 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Antonietta Ciaramella -c- Italie 43035/98; [2000] ECHR 230; [2000] ECHR 231 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â La Vista -c- Italie 43006/98; [2000] ECHR 289; [2000] ECHR 290 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Zollo -c- Italie 43015/98; [2000] ECHR 348; [2000] ECHR 349 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Viscusi -c- Italie 43041/98; [2000] ECHR 346; [2000] ECHR 347 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Vignona -c- Italie 43070/98; [2000] ECHR 345; [2000] ECHR 346 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sabatino -c- Italie 43055/98; [2000] ECHR 334; [2000] ECHR 335 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Truocchio -c- Italie 43016/98; [2000] ECHR 343; [2000] ECHR 344 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Santillo -c- Italie 43099/98; [2000] ECHR 335; [2000] ECHR 336 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tedesco -c- Italie 43026/98; [2000] ECHR 341; [2000] ECHR 342 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Squillace -c- Italie 42997/98; [2000] ECHR 340; [2000] ECHR 341 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Simone D'Addona -c- Italie 43083/98; [2000] ECHR 339; [2000] ECHR 340 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Silvio Cesare -c- Italie 43085/98; [2000] ECHR 338; [2000] ECHR 339 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Selvaggio -c- Italie 43108/98; [2000] ECHR 337; [2000] ECHR 338 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Z -c- Italie 43078/98; [2000] ECHR 347; [2000] ECHR 348 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Verzino -c- Italie 43004/98; [2000] ECHR 344; [2000] ECHR 345 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Maria Di Biase -c- Italie 43009/98; [2000] ECHR 300 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â P.T. -c- Italie 43076/98; [2000] ECHR 319; [2000] ECHR 320 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Zullo -c- Italie 43066/98; [2000] ECHR 349; [2000] ECHR 350 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lignelli -c- Italie 43028/98; [2000] ECHR 292; [2000] ECHR 293 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Leonardo Di Biase -c- Italie 43051/98; [2000] ECHR 291; [2000] ECHR 292 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lina Rossi -c- Italie 43106/98; [2000] ECHR 293; [2000] ECHR 294 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Luciano -c- Italie 43068/98; [2000] ECHR 294; [2000] ECHR 295 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lanni -c- Italie 43065/98; [2000] ECHR 290; [2000] ECHR 291 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â M.A. P. -c- Italie 43080/98; [2000] ECHR 295; [2000] ECHR 296 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â M.Ce. -c- Italie 43095/98; [2000] ECHR 296; [2000] ECHR 297 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mannello -c- Italie 43010/98; [2000] ECHR 298; [2000] ECHR 299 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Maria Teresa Pizzi -c- Italie 43060/98; [2000] ECHR 300; [2000] ECHR 301 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mariniello -c- Italie 43038/98; [2000] ECHR 301; [2000] ECHR 302 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Marotta -c- Italie 40722/98; [2000] ECHR 302; [2000] ECHR 303 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Marucci -c- Italie 42988/98; [2000] ECHR 303; [2000] ECHR 304 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nicolella -c- Italie 43064/98; [2000] ECHR 314; [2000] ECHR 315 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â P.C. -c- Italie 43079/98; [2000] ECHR 318; [2000] ECHR 319 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Orsini -c- Italie 43100/98; [2000] ECHR 317; [2000] ECHR 318 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nicolina Zeoli -c- Italie 43109/98; [2000] ECHR 316; [2000] ECHR 317 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Manganiello -c- Italie 42990/98; [2000] ECHR 297; [2000] ECHR 298 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nicoli -c- Italie 43097/98; [2000] ECHR 315; [2000] ECHR 316 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mascolo -c- Italie 42994/98; [2000] ECHR 304; [2000] ECHR 305 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nicola Giorgio -c- Italie 43002/98; [2000] ECHR 313; [2000] ECHR 314 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Narciso -c- Italie 43071/98; [2000] ECHR 312; [2000] ECHR 313 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mirra -c- Italie 42995/98; [2000] ECHR 310; [2000] ECHR 311 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mercone -c- Italie 43069/98; [2000] ECHR 309; [2000] ECHR 310 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Meoli -c- Italie 43018/98; [2000] ECHR 308; [2000] ECHR 309 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Masuccio -c- Italie 43001/98; [2000] ECHR 307; [2000] ECHR 308 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Masella -c- Italie 43046/98; [2000] ECHR 305; [2000] ECHR 306 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mongillo -c- Italie 43057/98; [2000] ECHR 311; [2000] ECHR 312 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Maselli -c- Italie 43000/98; [2000] ECHR 306; [2000] ECHR 307 22 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina -v- Inland Revenue Commissioners Ex Parte Banque Internationale a Luxembourg Sa Gazette, 06 July 2000; [2000] EWHC Admin 360 23 Jun 2000 Admn Corporation Tax, Human Rights, Banking The commissioners obtained court orders directing the applicant bank to disclose confidential information in their possession. The bank resisted on the ground that the demand breached their rights to confidentiality and to privacy. Although the orders did infringe the Bank's article 8 rights, the notices were valid because the interference was justified under article 8(2). The notices were served in accordance with law, and were justified in pursuit of a legitimate aim and necessary in a democratic system for protecting the taxation system. European Convention on Human Rights 8 - Taxes Management Act 1970 - Income and Corporation Taxes Act 1988 [ Bailii ] Â Regina -v- Tower Hamlets Health Care NHS Trust and Snazell ex parte Von Brandenburg [2000] EWHC Admin 362 26 Jun 2000 Admn Health, Human Rights Mental Health Act 1983 2 3 1 Cites 1 Citers [ Bailii ] Â Constantinescu -v- Romania 28871/95; [2000] ECHR 351; [2000] ECHR 352; [2011] ECHR 609 27 Jun 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Ilhan -v- Turkey [2000] ECHR 353; 22277/93; [2000] ECHR 354; (2002) 34 EHRR 36 27 Jun 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (victim); Preliminary objection dismissed (non-exhaustion); No violation of Art. 2; Violation of Art. 3; Violation of Art. 13; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings 1 Citers [ Bailii ] - [ Bailii ] Â Salman -v- Turkey 21986/93; [2000] 34 EHRR 425; [2000] ECHR 357 27 Jun 2000 ECHR Human Rights, Prisons Where someone dies or is injured whilst in custody the burden is on the state to provide a "satisfactory and convincing explanation" of what has happened: "Persons in custody are in a vulnerable position and the authorities are under a duty to protect them. Consequently, where an individual is taken into police custody in good health and is found to be injured on release, it is incumbent on the State to provide a plausible explanation of how those injuries were caused. The obligation on the authorities to account for the treatment of an individual in custody is particularly stringent where that individual dies . . Where the events in issue lie wholly, or in large part, within the exclusive knowledge of the authorities, as in the case of persons within their control in custody, strong presumptions of fact will arise in respect of injuries and death occurring during such detention. Indeed, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation." European Convention on Human Rights 2(1) 1 Citers [ Bailii ] - [ Bailii ] Â Nuutinen -v- Finland 32842/96; (2000) 34 EHRR 358; [2000] ECHR 354; [2000] ECHR 355 27 Jun 2000 ECHR Human Rights, Children Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; No violation of Art. 8; Not necessary to examine other complaint under Art. 8; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings 1 Citers [ Bailii ] - [ Bailii ] Â Raif Oglu -v- Greece [2000] ECHR 355; 33738/96; [2000] ECHR 356 27 Jun 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (solution of the matter) [ Bailii ] - [ Bailii ] Â Jewish Liturgical Association Cha'are Shalom Ve Tsedek -v- France [2000] ECHR 350; 27417/95; (2000) 9 BHRC 27; [2000] ECHR 351 27 Jun 2000 ECHR Human Rights The applicants, ultra-orthodox jews, challenged the regulation of ritual slaughter in France, which did not satisfy their exacting religious standards. Held: The applicants' right to freedom of expression was not limited by the controls on the provision of kosher meats. They could easily obtain supplies of meat, slaughtered in accordance with those standards, from Belgium. The Convention is concerned with the practical situation. "In the court's opinion, there would be interference with the freedom to manifest one's religion only if the illegality of performing ritual slaughter made it impossible for ultra-orthodox Jews to eat meat from animals slaughtered in accordance with the religious prescriptions they considered applicable." European Convention on Human Rights 9 1 Citers [ Bailii ] - [ Bailii ] Â Frydlender -v- France 30979/96; 43 ECHR 2000-VII; (2001) EHRR 52; [2000] ECHR 352; [2000] ECHR 353 27 Jun 2000 ECHR Human Rights, Criminal Practice The reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the criteria established by its case-law, particularly the complexity of the case, the conduct of the applicant and of the relevant authorities and what was at stake for the applicant in the dispute. for Article 6.1, in its “civil” limb, to be applicable there must be a dispute over a “right” that can be said, at least on arguable grounds, to be recognised under domestic law. The dispute must be genuine and serious. It may relate not only to the actual existence of a right but also to its scope and the manner of its exercise. Moreover, the outcome of the proceedings must be directly decisive for the civil right in question European Convention on Human Rights 6.1 1 Citers [ Bailii ] - [ Bailii ] Â Birse -v- Hm Advocate Times, 28 June 2000 28 Jun 2000 HCJ Human Rights, Scotland, Criminal Practice Where a magistrate had heard a proper description of the reasons for granting a search warrant, it was not an abuse of the suspect's human rights to execute it, even though he had not had chance to make any representations about the search. The right to an effective remedy was not to be enshrined in UK law, and this came close to such a claim. Â Sabeur Ben Ali -v- Malta [2000] ECHR 357; 35892/97; [2000] ECHR 358 29 Jun 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-4; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Regina -v- The General Medical Council, ex parte Arpad Toth, Dr David Jarman Interested Party Times, 29 June 2000; Gazette, 06 July 2000; [2000] EWHC Admin 361; [2000] 1 WLR 2209 29 Jun 2000 QBD Human Rights, Health Professions A complaint to the General Medical Council should be heard in public unless there was some particular and pressing circumstance. Openness was required to maintain the confidence of the public in the profession, and complainants had a legitimate expectation of a public investigation. Where a practitioner continued in practice, the screeners should be reluctant to disallow continuance of a complaint where there was any doubt at all about the need to proceed. 1 Citers [ Bailii ] Â Akin -v- The Netherlands [2000] ECHR 358; 34986/97; [2000] ECHR 359 4 Jul 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Niedbala -v- Poland [2000] ECHR 359; 27915/95; [2000] ECHR 360; [2000] 33 EHRR 1137 4 Jul 2000 ECHR Human Rights, Criminal Practice Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 8; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award A warrant must be validated by an independent judicial authority. European Convention on Human Rights 5(3) 1 Citers [ Worldlii ] - [ Bailii ] Â Â Regina -v- C (A Minor); CACD 5-Jul-2000 - Times, 05 July 2000 Â Tsingour -c- Grece 40437/98; [2000] ECHR 363; [2000] ECHR 364 6 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Skoubo -v- Denmark [2000] ECHR 361; 39581/98; [2000] ECHR 362 6 Jul 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Degro -v- Slovakia [2000] ECHR 360; 43737/98; [2000] ECHR 361 6 Jul 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Tatete -v- Switzerland 41874/98; [2000] ECHR 362; [2000] ECHR 363 6 Jul 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Â Horvath -v- Secretary of State for the Home Department; HL 7-Jul-2000 - Times, 07 July 2000; [2000] UKHL 37; [2000] 3 WLR 379; [2000] 3 All ER 577; [2001] 1 AC 489 Â Krzysztof Pikula -v- Poland 3605/06; [2008] ECHR 812 10 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Hansen -v- Denmark [2000] ECHR 367; 28971/95; [2000] ECHR 368 11 Jul 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) 1 Citers [ Bailii ] - [ Bailii ] Â Trzaska -v- Poland [2000] ECHR 369; 25792/94; [2000] ECHR 370; [2011] ECHR 2145 11 Jul 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 6-1; Damage - finding of violation sufficient; Costs and expenses partial award [ Bailii ] - [ Bailii ] - [ Bailii ] Â Jabari -v- Turkey 40035/98; (2000) 9 BHRC 1; [2000] ECHR 368; [2000] ECHR 369; [2001] INLR 136; [2011] ECHR 2388 11 Jul 2000 ECHR Human Rights, Immigration A "rigorous scrutiny" was to be conducted of a claim that an individual's deportation to a third country would expose him to treatment prohibited by Article 3, before it could be rejected. Held: "If the State is to avoid breach of Article 3 by removal of an individual to another territory where he might be ill treated or whence he might be sent elsewhere and ill treated there, the authorities of the first State plainly have to apprise themselves of the relevant law and practice of the place to which the removal will be effected. Otherwise they cannot know whether their actions will violate the ECHR or not. This is not a distinct, separate or adjectival duty, but a necessary incident of the substantive obligation to fulfil Article 3. It is underlined by the need of rigorous scrutiny where an individual claims that expulsion will expose him to Article 3 ill treatment." European Convention on Human Rights 3 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Regina -v- Secretary of State for the Environment, Transport and the Regions, Ex parte Challenger Times, 11 July 2000 11 Jul 2000 QBD Judicial Review, Human Rights An order was due to come into effect, and there was to be a public enquiry. The applicants sought review of the decision not to provide legal assistance for local objectors, on the grounds that it would prejudice their rights under the Human Rights Act, alleging breach of their rights to a fair trial by inequality of arms.. The court held that it would not be correct to allow a judicial review to give current effect to an Act which itself had not yet come into effect. Â Dikme -v- Turkey 20869/92; [2000] ECHR 365; [2000] ECHR 366 11 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ciliz -v- The Netherlands 29192/95; [2000] ECHR 364; [2000] ECHR 365 11 Jul 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Pecuniary damage - claim rejected; Non pecuniary damage - financial award; Costs and expenses partial award. [ Bailii ] - [ Bailii ] Â G H H And Others -v- Turkey 43258/98; [2000] ECHR 366; [2000] ECHR 367 11 Jul 2000 ECHR Human Rights Hudoc Not necessary to examine Art. 2; Not necessary to examine Art. 3; Not necessary to examine Art. 8; No violation of Art. 13 [ Bailii ] - [ Bailii ] Â Elsholz -v- Germany 25735/94; [2000] ECHR 370; (2000) 34 EHRR 1412; [2000] ECHR 371 13 Jul 2000 ECHR Human Rights A violation of article 8 was found when access to his child was denied to an innocent father. 1 Citers [ Bailii ] - [ Bailii ] Â Scozzari And Giunta -v- Italy 39221/98; [2000] ECHR 371; 41963/98; [2000] ECHR 372; [2000] Fam Law 801; 35 EHRR 12; [2000] 2 FLR 771; [2000] 3 FCR 430 13 Jul 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (locus standi); No violation of Art. 8 with regard to suspension of parental rights and taking into care; Violation of Art. 8 with regard to limitations on access; Violation of Art. 8 with regard to placement of children; No violation of Art. 8 with regard to the second applicant; No separate issue under Art. 6-1 or Art. 14; No violation of Art. 3; No violation of P1-2; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Regina -v- Davis, Rowe, Johnson; CACD 17-Jul-2000 - Times, 25 July 2000; Times, 24 April 2000 Â Sener -v- Turkey 26680/95; [2000] ECHR 376; [2000] ECHR 377 18 Jul 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Violation of Art. 6-1; No violation of Art. 18; Non-pecuniary damage - financial award; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Ekinci -c- Turquie 25625/94; [2000] ECHR 373; [2000] ECHR 374 18 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Jaegert -c- France 29827/96; [2000] ECHR 374; [2000] ECHR 375 18 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â S.M. -c- France 41453/98; [2000] ECHR 375; [2000] ECHR 376 18 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Droulez -c- France 41860/98; [2000] ECHR 372; [2000] ECHR 373 18 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â A National Health Service Trust -v- D; FD 19-Jul-2000 - Times, 19 July 2000 Â Caloc -v- France 33951/96; [2000] ECHR 379; [2000] ECHR 380 20 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Antonetto -c- Italie 15918/89; [2000] ECHR 378; [2000] ECHR 379; [2009] ECHR 1679 20 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â N'Diaye -c- France 41735/98; [2000] ECHR 380; [2000] ECHR 381 20 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Holland -v- Lampen-Wolfe; HL 20-Jul-2000 - Gazette, 17 August 2000; Times, 27 July 2000; Gazette, 03 August 2000; [2000] 1 WLR 1573; [2000] UKHL 40; [2000] 3 All ER 833 Â Abbas -c- France 35783/97; [2000] ECHR 377; [2000] ECHR 378 20 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â In Re F (Adult: Court's Jurisdiction); CA 25-Jul-2000 - Times, 25 July 2000; Gazette, 14 September 2000; Gazette, 21 September 2000; [2001] 1 Fam 38; [2000] 2 FLR 512 Â Lustig-Prean and Beckett -v- The United Kingdom (ARTICLE 41) 32377/96; [2000] ECHR 382; 31417/96 25 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Mattoccia -v- Italy [2000] ECHR 382; 23969/94; [2000] ECHR 383; [2009] ECHR 1680 25 Jul 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 6-3-a; Violation of Art. 6-3-b; Violation of Art. 6-1 as regards the length of proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award [ Bailii ] - [ Bailii ] - [ Bailii ] Â Smith And Grady -v- United Kingdom (Article 41) 33986/96; [2000] ECHR 384; 33985/96 25 Jul 2000 ECHR Human Rights European Convention on Human Rights 1 Cites [ Bailii ] Â Tierce And Others -v- San Marino 24972/94; [2000] ECHR 385; 24954/94; 24971/94; [1997] ECHR 189 25 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tierce And Others -v- San Marino 24954/94; [2000] ECHR 384 25 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â Kelly (A Minor) -v- British Broadcasting Corporation; FD 25-Jul-2000 - [2000] EWHC Fam 2; [2000] EWHC 3 (Fam); [2001] 1 All ER 323; [2000] 3 FCR 509; [2000] Fam Law 886; [2001] 2 WLR 253; [2001] Fam 59; [2001] 1 FLR 197; FD/00P10636 Â County Properties Limited -v- The Scottish Ministers Times, 19 September 2000; [2000] ScotCS 212; 2000 SLT 965 25 Jul 2000 OHCS Lord Macfadyen Human Rights, Planning, Scotland The company applied for planning permission. The Secretary of State called in the application to be decided by a reporter. The applicant complained that this infringed its right to a hearing before an impartial tribunal. Such a person might deal with issues of fact, but here he would also be making the decision, and the objection was lodged by an agency for which the Secretary was responsible. The Secretary was judge in his own cause. European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] - [ ScotC ] Â Di Niro -c- Italie 43011/98; [2000] ECHR 385; [2000] ECHR 386 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Iadarola -c- Italie 43091/98; [2000] ECHR 386; [2000] ECHR 387 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lepore Et Iannotti -c- Italie 43102/98; [2000] ECHR 389; [2000] ECHR 390 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Morena -c- Italie 45066/98; [2000] ECHR 391; [2000] ECHR 392 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Moretti -c- Italie 45067/98; [2000] ECHR 392; [2000] ECHR 393 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Novotny -c- Italie 45072/98; [2000] ECHR 393; [2000] ECHR 394 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Persichetti &Amp; -c- S.R.L. -c- Italie 45070/98; [2000] ECHR 394; [2000] ECHR 395 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pirola -c- Italie 45065/98; [2000] ECHR 395; [2000] ECHR 396 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina -v- Inland Revenue Commissioners Ex Parte Banque Internationale A Luxembourg Sa Times, 27 July 2000 27 Jul 2000 QBD Corporation Tax, Human Rights The commissioners obtained court orders directing the applicant bank to disclose confidential information in their possession. The bank resisted on the ground that the demand breached their rights to confidentiality and to privacy. Although the orders did infringe the Bank's article 8 rights, the notices were valid because the interference was justified under article 8(2). The notices were served in accordance with law, and were justified in pursuit of a legitimate aim and necessary in a democratic system for protecting the taxation system. European Convention on Human Rights 8 - Taxes Management Act 1970 - Income and Corporation Taxes Act 1988 Â S.A. -c- Portugal 36421/97; [2000] ECHR 397; [2000] ECHR 398 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mattiello -c- Italie 42993/98; [2000] ECHR 390; [2000] ECHR 391 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Regina -v- Governor of Her Majesty's Prison Brockhill ex parte Evans (No 2); HL 27-Jul-2000 - Times, 02 August 2000; Gazette, 17 August 2000; [2000] 3 WLR 843; [2001] 2 AC 19; [2000] UKHL 48; [2000] 4 All ER 15; [2000] UKHRR 836 Â Kazimierczak -v- Poland [2000] ECHR 387; 33863/96; [2000] ECHR 388 27 Jul 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Klein -v- Germany [2000] ECHR 388; 33379/96; [2000] ECHR 389 27 Jul 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Talenti -c- Italie 38102/97; [2000] ECHR 399; [2000] ECHR 400 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sartori -c- Italie 45069/98; [2000] ECHR 398; [2000] ECHR 399 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Toscano -c- Italie 45068/98; [2000] ECHR 400; [2000] ECHR 401 27 Jul 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina and Secretary of State for Home Department -v- Gavin Mellor [2000] EWHC Admin 385 31 Jul 2000 Admn Prisons, Family, Human Rights, Health 1 Citers [ Bailii ] Â Jecius -v- Lithuania 34578/97; [2000] ECHR 403; [2000] ECHR 404; (2002) 35 EHRR 16 31 Jul 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (six month period); Violation of Art. 5-1 as regards the applicant European Convention on Human Rights 1 Citers [ Worldlii ] - [ Bailii ] Â Barfuss -v- The Czech Republic [2000] ECHR 402; 35848/97; [2000] ECHR 403 31 Jul 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â C.P. Et Autres -c- France 36009/97; [2000] ECHR 404; [2000] ECHR 405 1 Aug 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Savvidou -v- Greece [2000] ECHR 407; 38704/97; [2000] ECHR 408 1 Aug 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Entleitner -v- Austria [2000] ECHR 405; 29544/95; [2000] ECHR 406 1 Aug 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 6-1 as regards independency and impartiality; Violation of Art. 6-1 as regards lack of a public hearing [ Bailii ] - [ Bailii ] Â P.B. -c- France 38781/97; [2000] ECHR 406; [2000] ECHR 407 1 Aug 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Satonnet -c- France 30412/96; [2000] ECHR 414; [2000] ECHR 415 2 Aug 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lambourdiere -c- France 37387/97; [2000] ECHR 412; [2000] ECHR 413 2 Aug 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ikanga -c- France 32675/96; [2000] ECHR 411; [2000] ECHR 412 2 Aug 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Deschamps -c- France 37925/97; [2000] ECHR 410; [2000] ECHR 411 2 Aug 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cherakrak -c- France 34075/96; [2000] ECHR 409; [2000] ECHR 410 2 Aug 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bertin-Mourot -c- France 36343/97; [2000] ECHR 408 2 Aug 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Bertin-Mourot -v- France 36343/97; [2000] ECHR 409 2 Aug 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Louka -v- Cyprus [2000] ECHR 413; 42946/98; [2000] ECHR 414 2 Aug 2000 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 ] - [ Bailii ] Â Fatourou -c- Grece 41459/98; [2000] ECHR 415; [2000] ECHR 416 3 Aug 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â G L -v- Italy 22671/93; [2000] ECHR 416; [2000] ECHR 417 3 Aug 2000 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 [ Bailii ] - [ Bailii ] Â ADT -v- United Kingdom Times, 04 August 2000; 35765/97; [2000] ECHR 401; [2000] ECHR 402; [2010] ECHR 1892 4 Aug 2000 ECHR Crime, Human Rights The UK law which had the effect of prohibiting non-violent homosexual acts by groups of males, was a violation of the right to respect for his private life. The law went beyond that which might properly be required in a democratic society for the protection of morals or health or the rights and freedoms of others. Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Not necessary to examine Art. 14; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award Sexual Offences Act 1967 1 - Sexual Offences Act 1956 13 - European Convention on Human Rights Art 8 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Â Procurator Fiscal, Fort William -v- Mclean and Another; HCJ 11-Aug-2000 - Times, 11 August 2000 Â Christian Education South Africa -v- Minister of Education (2000) 9 BHRC 53 18 Aug 2000 Sachs J Commonwealth, Constitutional, Human Rights (Constitutional Court of South Africa) The court considered a ban on corporal punishment in schools in a religious context: "Though there might be special problems attendant on undertaking the limitations analysis in respect of religious practices, the standard to be applied is the nuanced and contextual one required by s36 and not the rigid one of strict scrutiny." and "The underlying problem in any open and democratic society based on human dignity, equality and freedom in which conscientious and religious freedom has to be regarded with appropriate seriousness, is how far such democracy can and must go in allowing members of religious communities to define for themselves which laws they will obey and which not. Such a society can cohere only if all its participants accept that certain basic norms and standards are binding. Accordingly, believers cannot claim an automatic right to be exempted by their beliefs from the laws of the land. At the same time, the state should, wherever reasonably possible, seek to avoid putting believers to extremely painful and intensely burdensome choices of either being true to their faith or else respectful of the law." 1 Citers [ Worldlii ] Â Â Regina -v- Secretary of State for Health, Ex Parte Wagstaff etc; QBD 31-Aug-2000 - Times, 31 August 2000; Gazette, 28 September 2000; [2001] 1 WLR 292 Â Slavgorodski -v- Estonia [2000] ECHR 417; 37043/97; [2000] ECHR 418 12 Sep 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (arrangement) [ Bailii ] - [ Bailii ] Â Â Regina -v- Lambert; Regina -v- Ali; Regina -v- Jordan; CACD 14-Sep-2000 - Gazette, 14 September 2000; [2001] 2 WLR 211 Â MacDonald -v- Ministry of Defence [2000] UKEAT 0121_00_1909; [2001] ICR 1; [2001] Emp LR 105; [2001] HRLR 5; [2000] IRLR 748; [2001] 1 All ER 620 19 Sep 2000 EAT Lotd Johnston Employment, Discrimination, Human Rights The appellant, a homosexual, appealed against rejection of his claims for sex discrimination and sexual harassment. Equal Treatment Directive 76/207/EEC - Sex Discrimination Act 1975 86 [ Bailii ] Â I.J.L., G.M.R. And A.K.P. -v- The United Kingdom 29522/95; [2000] ECHR 420; [2001] ECHR 541 19 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gnahore -v- France 40031/98; [2000] ECHR 419; [2000] ECHR 420 19 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â I.J.L., G.M.R. And A.K.P. -v- The United Kingdom 30574/96; [2000] ECHR 421; [2001] ECHR 545; 29522/95; 30056/96 19 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â IJL GMR And AKP -v- The United Kingdom (2000) 33 EHRR 225; 29522/95; 30574/96; 30056/96 19 Sep 2000 ECHR Human Rights, Criminal Practice Hudoc Violation of Art. 6-1 as regards the use made at the applicants 29522/95; 30056/96. An adversarial procedure, with equality of arms and proper disclosure between prosecution and defence, has similarly been seen as fundamental to the fairness of a criminal trial. European Convention on Human Rights 6 1 Citers Â Yakan -v- Turkey [2000] ECHR 421; 43362/98; [2000] ECHR 422 19 Sep 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Glaser -v- The United Kingdom 32346/96; (2001) 33 EHRR I; [2001] 1 FLR 153; [2000] ECHR 418; [2000] ECHR 419 19 Sep 2000 ECHR Human Rights, Children "The essential object of Article 8 is to protect individuals against arbitrary interference by public authorities. There may however be positive obligations inherent in an effective "respect" for family life. These obligations may involve the adoption of measures designed to secure respect for family life even in the sphere of relations between individuals, including both the provision of a regulatory framework of adjudicatory and enforcement machinery protecting individuals' rights and the implementation, where appropriate, of specific steps. In both the negative and positive contexts, regard must be had to the fair balance which has to be struck between the competing interests of the individual and the community, including other concerned third parties, and the state's margin of appreciation." Speed was essential in determining disputes about children. European Convention on Human Rights 8 1 Citers [ Bailii ] - [ Bailii ] Â Tele 1 Privatfernsehgesellschaft Mbh -v- Austria [2000] ECHR 423; 32240/96; [2000] ECHR 424 21 Sep 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 as regards the first period; No violation of Art. 10 as regards the second period; Pecuniary damage - claim rejected; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Howarth -v- The United Kingdom Times, 10 October 2000; 38081/97; [2000] ECHR 422; [2000] ECHR 423 21 Sep 2000 ECHR Criminal Practice, Human Rights The defendant had been sentenced to a non-custodial sentence, but the crown appealed, and two years later, a custodial sentence was substituted. Held: The delay was a breach of the Convention's reasonable time requirement under article 6 of the convention. The reasonableness must be looked at in the context of the particular case, including its complexity. Here there was no good reason advanced for the delay. The delay was unreasonable. "According to the Court's case-law, the reasonableness of the length of proceedings must be assessed in the light of the particular circumstances of the case and having regard to the criteria laid down in the Court's case-law, in particular the complexity of the case and the conduct of the applicant and the authorities dealing with the case." Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; No violation of Art. 3; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings European Convention on Human Rights 6.1 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Wojnowicz -v- Poland 33082/96; [2000] ECHR 424; [2000] ECHR 425 21 Sep 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Costs and expenses award - domestic proceedings. [ Bailii ] - [ Bailii ] Â Â In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation); CA 22-Sep-2000 - Times, 10 October 2000; [2000] EWCA Civ 254; [2001] 1 FLR 267; [2000] 4 All ER 961; [2001] Fam 147; [2001] 2 WLR 480; [2001] 9 BHRC 261; [2000] 3 FCR 577; [2001] Fam Law 18; (2001) 57 BMLR 1; [2000] Lloyd's Rep Med 425; [2001] UKHRR 1 Â Oldham -v- The United Kingdom Times, 24 October 2000; 36273/97; [2000] ECHR 432; [2000] ECHR 433 26 Sep 2000 ECHR Human Rights, Prisons Where a parole board took two years to consider the applicant's parole, this was unreasonable, and a breach of the Article 5.4 requirement to deal with such matters speedily. Accordingly the continued detention of the applicant became unlawful. The provisions apply not only to original proceedings, but also to statutory automatic reviews of detention. No standard time can be set down, because the situations of detention and of the prisoners varies. The automatic two year period left the applicant with no opportunity to seek an earlier review of detention. The Court awarded damages of £1000 for a breach of Article 5(4) but said: 'the court considers that the applicant must have suffered feelings of frustration, uncertainty and anxiety flowing from the delay in review which cannot be compensated solely by the finding of violation'. Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings European Convention on Hman Rights 5-4 1 Citers [ Bailii ] - [ Bailii ] Â Van Vlimmeren And Van Ilverenbeek -v- The Netherlands 25989/94; [2000] ECHR 435 26 Sep 2000 ECHR Human Rights Hudoc Violation of Art. 6-1; Just satisfaction rejected (out of time) [ Bailii ] Â Garcia -v- France [2000] ECHR 429; 41001/98; [2000] ECHR 430 26 Sep 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Camilla -c- France 38840/97; [2000] ECHR 426; [2000] ECHR 427 26 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â J.B. -c- France 33634/96; [2000] ECHR 431; [2000] ECHR 432 26 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Guisset -v- France 33933/96; [2000] ECHR 430; [2000] ECHR 431 26 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Donati -c- France 37989/97; [2000] ECHR 428; [2000] ECHR 429 26 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Biba -c- Grece 33170/96; [2000] ECHR 425; [2000] ECHR 426 26 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Dagorn -c- France 42175/98; [2000] ECHR 427; [2000] ECHR 428 26 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Perie -c- France 38701/97; [2000] ECHR 433; [2000] ECHR 434 26 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Brunno -c- Italie 43053/98; [2000] ECHR 434; [2000] ECHR 436 28 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â De Lisi -c- Italie 40974/98; [2000] ECHR 435; [2000] ECHR 437 28 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Peltonen -v- Finland 27323/95; [2000] ECHR 439; [2000] ECHR 441 28 Sep 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Galgani Et De Matteis -c- Italie 39871/98; [2000] ECHR 436; [2000] ECHR 438 28 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lopes Gomes Da Silva -v- Portugal 37698/97; [2000] ECHR 439 28 Sep 2000 ECHR Human Rights The court distinguished between expressions of polemical political opinion and gratuitous personal attacks with no factual basis. European Convention on Human Rights 1 Citers [ Bailii ] Â Romano -c- Italie 43098/98; [2000] ECHR 440; [2000] ECHR 442 28 Sep 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Minister for Immigration and Multicultural Affairs -v- Ibrahim (2000) 204 CLR 1; [2000] HCA 55 1 Oct 2000 Gummow J Commonwealth, Human Rights, Immigration (High Court of Australia) The court recognised a right in sovereign states to give refuge to aliens fleeing from foreign persecution and to refuse to surrender such persons to the authorities of their home states: "there have been attempts which it is unnecessary to recount here to broaden the scope of the Convention itself by a Draft United Nations Convention on Territorial Asylum but these collapsed more than twenty years ago." 1 Citers Â Regina -v- Worcester County Council Secretary of State for Department of Health ex parte S W [2000] EWHC Admin 392; [2000] HRLR 702 2 Oct 2000 Admn Human Rights, Employment The court considered the lawfulness of a non-statutory list of people who might not be employed to work with children, the Consultancy Service Index. 1 Cites 1 Citers [ Bailii ] Â Camp And Bourimi -v- The Netherlands 28369/95; [2000] ECHR 442; [2000] ECHR 444 3 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 8; Violation of Art. 14+8; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Kanoun -v- France 35589/97; [2000] ECHR 446; [2000] ECHR 448 3 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Pobornikoff -v- Austria 28501/95; [2000] ECHR 448; [2000] ECHR 450 3 Oct 2000 ECHR Human Rights Hudoc No violation of Art. 6-1 as regards the plea of nullity; Violation of Art. 6-1 as regards the appeal against sentence [ Bailii ] - [ Bailii ] Â G H -v- Austria 31266/96; [2000] ECHR 445; [2000] ECHR 447 3 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Du Roy And Malaurie -v- France 34000/96; [2000] ECHR 443; [2000] ECHR 445 3 Oct 2000 ECHR Human Rights, Media Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings The court strongly affirmed "the interest of democratic society in ensuring and maintaining a free press." European Convention on Human Rights 10 1 Citers [ Bailii ] - [ Bailii ] Â Eisenstecken -v- Austria 29477/95; [2000] ECHR 444; [2000] ECHR 446 3 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Costs and expenses partial award - Convention procedure [ Bailii ] - [ Bailii ] Â C H -v- Austria 27629/95; [2000] ECHR 441; [2000] ECHR 443 3 Oct 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Loffler -v- Austria 30546/96; [2000] ECHR 449; (2002) 34 EHRR 49 3 Oct 2000 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 1 Citers [ Worldlii ] - [ Bailii ] Â Giomi -c- Italie 53361/99; [2000] ECHR 451; [2000] ECHR 453 5 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Varbanov -v- Bulgaria [2000] ECHR 455; 31365/96; [2000] ECHR 457 5 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (abuse of right of petition); Violation of Art. 5-1; Violation of Art. 5-4; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings An authority responsible for the deprivation of liberty must establish through objective medical expertise that the person is of unsound mind. No such deprivation can occur without seeking the opinion of a medical expert which must be based on the present, not solely the past, circumstances. Any other approach falls short of the required protection against arbitrariness. 1 Citers [ Bailii ] - [ Bailii ] Â Apeh Uldozotteinek Szovetsege And Others -v- Hungary [2000] ECHR 449; 32367/96; [2000] ECHR 451 5 Oct 2000 ECHR Human Rights Hudoc Violation of Art. 6-1; Non-pecuniary damage - finding of violation sufficient [ Bailii ] - [ Bailii ] Â Caruso -c- Italie 46535/99; [2000] ECHR 450; [2000] ECHR 452 5 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Jokela -v- Finland; ECHR 5-Oct-2000 - [2000] ECHR 704 Â Launikari -v- Finland [2000] ECHR 452; 34120/96; [2000] ECHR 454 5 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Maaouia -v- France 39652/98; (2001) 33 EHRR 1037; [2000] ECHR 455; (2000) 33 EHRR 42 5 Oct 2000 ECHR Human Rights A deportation order, made against a Tunisian, was eventually quashed by the French Administrative Court and the Article 6 complaints related to the length of time taken in the proceedings. The Court's reasoning why Article 6 does not apply to procedures for the expulsion of aliens was: "the decision whether or not to authorise an alien to stay in a country of which he is not a national does not entail any determination of his civil rights or obligations or of any criminal charge against him within the meaning of Article 6(1) of the Convention." European Convention on Human Rights 6 1 Citers [ Bailii ] - [ Bailii ] Â Mennitto -v- Italy [2000] ECHR 454; 33804/96; [2000] ECHR 456; (2002) 34 EHRR 48 5 Oct 2000 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 1 Citers [ Bailii ] - [ Bailii ] Â Attorney-General -v- Covey Unreported, 6 October 2000 6 Oct 2000 QBD Lord Justice Rose Administrative, Human Rights In an application for a vexatious litigant order, the court asked whether the repetitious proceedings must be against the same defendant. Lord Justice Rose: "The question is whether it is a necessary prerequisite for the making of an order under section 42 that the repetitious behaviour of which complaint is made has necessarily either to be directed against the same defendant or to arise from the same subject matter. In my judgment, that is not the position. Granted that repetitious conduct is a necessary prerequisite for the making of an order, what gives rise to that repetitiveness necessarily depends, it seems to me, on the circumstances of the particular case. In making the determination whether or not there is that necessary element of repetition one looks at the whole history of the defendant's litigious activity. In some cases that activity will focus upon a particular defendant. In some cases it will focus upon a particular grievance. In some cases it may be represented by numerous claims against a wide range of defendants in circumstances where no reasonable cause of action exists. In this last category of case, it seems to me, the conditions of section 42 may be fulfilled just as they may be if a particular defendant or a particular grievance is the focus of the defendant's activity. As the passages in the judgment in Vernazza to which I earlier referred, make plain, one has to look at the whole of the circumstances, the way in which the proceedings were instituted, whether with or without reasonable cause, and also the way in which subsequently they were conducted by way of hopeless appeal or otherwise. All of those matters have to be considered." Supreme Court Act 1981 42(1) 1 Citers Â Daktaras -v- Lithuania [2000] ECHR 458; 42095/98; [2000] ECHR 460 10 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; No violation of Art. 6-2; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Akkoc -v- Turkey 22948/93; [2000] ECHR 458; 22947/93 10 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Regina -v- Ashworth Special Hospital Trust, ex parte Munjaz [2000] MHLR 183 10 Oct 2000 Jackson J Health, Human Rights The claimant was detained iin a secure mental hospital. He complained of being held in seclusion for a long period, and as to the hospital's policy. Held: The hospital’s policy, by reducing the frequency of review of a patient’s seclusion below that provided for in the Code of Practice, was unlawful and was not justified by the fact that the hospital was a maximum secure hospital. In particular, the failure after the third day of seclusion to have twice-daily medical reviews of the continuation of seclusion was not justified. The Code of Practice for Seclusions issued under the Act was directed at all seclusions, including those lasting more than three days. A departure would be lawful only if justified by 'a good reason arising from the particular circumstances at Ashworth hospital. There was no justification for abandoning the requirement that one of the nurses reviewing the seclusion was not involved in the original decision to seclude, which should apply 'where practicable'. The policy of reducing medical reviews to one per day was too great a departure from the Code but twice daily reviews after the patient had been secluded for three days would be appropriate. He granted a declaration that "a. the Ashworth Special Hospital Authority Seclusion Procedure is unlawful in that it does not require one of the nurses who carries out the 2 hourly review to be independent from the initial decision to seclude, and that it reduces the frequency of review by a doctor after a patient has been secluded for more than 24 hours b. the Ashworth Special Hospital Authority Seclusion Guidance at paragraph 6.8.1. is unlawful for the reasons set out at Part 3 of the judgment." Mental Health Act 1983 1 Citers Â Ibrahim Aksoy -v- Turkey 28635/95; [2000] ECHR 461; 34535/97; [2000] ECHR 463; 30171/96 10 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â McDaid And Others -v- The United Kingdom 34988/97; [2000] ECHR 465; 34822/97; 34957/97 10 Oct 2000 ECHR Human Rights European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] Â Akkoc -v- Turkey 22947/93; [2000] ECHR 456; 22948/93 10 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); No violation of Art. 10; Violation of Art. 2 due to failure to protect life; Violation of Art. 2 due to inadequacy of investigation; Violation of Art. 13; Violation of Art. 3; Failure to comply with obligations under Art. 34; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings 1 Citers [ Bailii ] Â Grauzinis -v- Lithuania 37975/97; [2000] ECHR 460; [2000] ECHR 462 10 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 5-3; Violation of Art. 5-4; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Grauslys -v- Lithuania 36743/97; [2000] ECHR 459; [2000] ECHR 461 10 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 with regard to the initial period; No violation of Art. 5-1 with regard to the subsequent period; No violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Dachar -c- France 42338/98; [2000] ECHR 457; [2000] ECHR 459 10 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lagrange -c- France 39485/98; [2000] ECHR 462; [2000] ECHR 464 10 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Satik And Others -v- Turkey [2000] ECHR 464; 31866/96; [2000] ECHR 466 10 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Not necessary to examine Art. 2; Preliminary objection rejected (non-exhaustion); Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Practice Direction (Justices Clerk to Couty) Times, 11 October 2000 11 Oct 2000 QBD Magistrates, Criminal Practice, Human Rights The direction set out in detail the duties of justices' clerks and legal advisers to the magistrates and the court, in respect of the application of the Act, and generally by restating duties to provide legal advice and assistance with appropriate procedures for allowing representations by those appearing before the court, and also restating and clarifying the limits of a justices' clerk's advice on issues of fact and evidence. Â Fortunati -c- Italie 45079/98; [2000] ECHR 469; [2000] ECHR 471 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Chojak -v- Poland [2000] ECHR 468; 32220/96; [2000] ECHR 470 12 Oct 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Pasquetti -c- Italie 45101/98; [2000] ECHR 473; [2000] ECHR 475 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Grappio -c- Italie 45110/98; [2000] ECHR 471; [2000] ECHR 473 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tullio D'Angelo -c- Italie 45108/98; [2000] ECHR 476; [2000] ECHR 478 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Polizzi -c- Italie 45073/98; [2000] ECHR 474; [2000] ECHR 476 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Zurzolo -c- Italie 45087/98; [2000] ECHR 477; [2000] ECHR 479 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Miola -c- Italie 45098/98; [2000] ECHR 472; [2000] ECHR 474 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gibertini -c- Italie 45109/98; [2000] ECHR 470; [2000] ECHR 472 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Caputo -c- Italie 45074/98; [2000] ECHR 467; [2000] ECHR 469 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Altamura -c- Italie 45084/98; [2000] ECHR 466; [2000] ECHR 468 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Aldo Tripodi -c- Italie 45078/98; [2000] ECHR 465; [2000] ECHR 467 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Practice Direction (Family Proceedings: Human Rights) Times, 12 October 2000 12 Oct 2000 FD Human Rights, Family Those seeking to present to the court arguments under the Human Rights Act must produce to the court full and authoritative texts of the cases they relied upon (including texts downloaded from the ECHR Internet site), and cases involving a possible application for a declaration of incompatibility should be allocated to a High Court judge. Cases involving claims arising from a judicial act should be reserved in the County Court to a circuit judge, and in the High Court to a High Court Judge. Human Rights Act 1998 Â Trapani -c- Italie 45104/98; [2000] ECHR 475; [2000] ECHR 477 12 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â I J L, G M R, and A K P -v- United Kingdom (Application Nos 29522/95, 30056/96, and 30574/96) Times, 13 October 2000 13 Oct 2000 ECFI Criminal Evidence, Company, Human Rights The obtaining by compulsion of statements in Companies investigations which were later used in evidence in criminal trials was a breach of the defendant's human right to a fair trial by enforced self-incrimination. However there was no evidence in this case that there had been any collusion to seek to take advantage of the procedure in planning the timing of the criminal proceedings, and given the complex nature of the matters in issue, the delay was not so unreasonable as to amount to an infringement. Â L.C. -c- Belgique 30346/96; [2000] ECHR 484; [2000] ECHR 486 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â O. -c- Italie 44335/98; [2000] ECHR 490; [2000] ECHR 492 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Musmeci -c- Italie 44355/98; [2000] ECHR 488; [2000] ECHR 490 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mazzotti -c- Italie 44354/98; [2000] ECHR 487; [2000] ECHR 489 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mari -c- Italie 45063/98; [2000] ECHR 486; [2000] ECHR 488 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lippera Zaniboni -c- Italie 45055/98; [2000] ECHR 485; [2000] ECHR 487 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Domenico Ficara -c- Italie 45062/98; [2000] ECHR 480; [2000] ECHR 482 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â De Moucheron Et Autres -c- France 37051/97; [2000] ECHR 479; [2000] ECHR 481 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Klavdianos -v- Greece [2000] ECHR 483; 38841/97; [2000] ECHR 485 17 Oct 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Karatas And Boga -v- Turkey [2000] ECHR 482; 24669/94; [2000] ECHR 484 17 Oct 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Palombo -c- Italie 44358/98; [2000] ECHR 492; [2000] ECHR 494 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bono -c- Italie 45059/98; [2000] ECHR 478; [2000] ECHR 480 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Palazzo -c- Italie 44356/98; [2000] ECHR 491; [2000] ECHR 493 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Karakasis -v- Greece [2000] ECHR 481; 38194/97; [2000] ECHR 483 17 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (six months); Preliminary objection joined to merits and rejected (non-exhaustion); Violation of Art. 6-1; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Â Von Berger -c- Italie; ECHR 17-Oct-2000 - 45064/98; [2000] ECHR 497; [2000] ECHR 499 Â Nunzio Conte -c- Italie 32765/96; [2000] ECHR 489; [2000] ECHR 491 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina -v- B (Extradition: Abuse of Process) Times, 17 October 2000 17 Oct 2000 CACD Extradition, Human Rights, Judicial Review An allegation of abuse of process did not constitute a special category of extradition to allow a judicial review of a decision not to grant a stay of those extradition proceedings. Article 8 could not be used to restrict such decisions. In any event the issues relating to the way in which the applicant had come to be brought within the jurisdiction, and the non-disclosure he alleged had been fully argued and considered on appeal already and rejected. Â Robert And Dinah-Anne Hay -v- the United Kingdom - 41894/98; [2000] ECHR 707 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â X200 S.R.L. -c- Italie 45060/98; [2000] ECHR 498; [2000] ECHR 500 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Studio Tecnico Amu S.A.S. -c- Italie 45056/98; [2000] ECHR 496; [2000] ECHR 498 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Silveri -c- Italie 44353/98; [2000] ECHR 495; [2000] ECHR 497 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â S.S. -c- Italie 45061/98; [2000] ECHR 494; [2000] ECHR 496 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â McDaid -v- United Kingdom; Ward -v- United Kingdom; Giles -v- UK; Leece -v- UK; Shorters -v- UK; Thwaites -v- UK Times, 17 October 2000; 34822/97; 34957/97; 34988/97; 35575/97; 35576/97; 35578/97; [2000] ECHR 463 17 Oct 2000 ECHR Human Rights, Criminal Practice The court had previously found that the applicants' rights to a fair trial had been infringed in the UK martial courts, in particular through the role of the convening officer. The court hearing that a friendly settlement had been reached with the applicants, struck out the proceedings. 1 Cites [ Bailii ] Â Rettura -c- Italie 45058/98; [2000] ECHR 493; [2000] ECHR 495 17 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pelling, Regina (On the Application of) -v- Bow County Court [2000] EWHC 636 (Admin); [2001] ACD 1; [2001] UKHRR 165 19 Oct 2000 Admn Buxton LJ, Penry-Davey J Human Rights [ Bailii ] Â Iatridis -v- Greece [2000] ECHR 502 19 Oct 2000 ECHR Human Rights 1 Cites [ Bailii ] - [ Bailii ] Â Zarmakoupis Et Sakellaropoulos -c- Grece 44741/98; [2000] ECHR 503; [2000] ECHR 505 19 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Wloch -v- Poland [2000] ECHR 502; 27785/95; [2000] ECHR 504 19 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non exhaustion); Preliminary objection rejected (abuse of process); No violation of Art. 5-1; Violation of Art. 5-4; No violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Ambruosi -v- Italy [2000] ECHR 499; 31227/96; [2000] ECHR 501 19 Oct 2000 ECHR Human Rights Hudoc Violation of Art. 1 of Prot. 1; Non-pecuniary damage - finding of violation sufficient [ Bailii ] - [ Bailii ] Â Iatridis -v- Greece (Article 41) 31107/96 19 Oct 2000 ECHR Human Rights Hudoc Judgment (Just satisfaction) Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings Â Montgomery and Coulter -v- Her Majesty's Advocate Times, 06 December 2000; DRA Nos 1 and 2 of 2000; [2003] 1 AC 641; 2001 SLT 37; [2000] UKHL D1; 2002 SC (PC) 89 19 Oct 2000 PC Lord Hoffmann Criminal Practice, Human Rights, Scotland The test of whether a defendant's common law right to a fair trial had been damaged by pre-trial publicity was similar to the test under the Convention, and also where there was any plea of oppression. The substantial difference is that no balancing exercise was to be carried out under the Convention test. The right to a fair trial is absolute, and unqualified. It was not to be subordinated to the public interest in the detection and suppression of crime. The Court need not look only at the effect on the jurors, but could also allow for the part which the judge would play. A question of Scottish criminal law and procedure falls within the exclusive jurisdiction of the High Court of Justiciary. Lord Hoffmann said: "events before the trial may create the conditions for an unfair determination of the charge. For example, an accused who is convicted on evidence obtained from him by torture has not had a fair trial. But the breach of Article 6(1) lies not in the use of torture (which is, separately, a breach of Article 3) but in the reception of the evidence by the court for the purposes of determining the charge. If the evidence had been rejected, there would still have been a breach of Article 3 but no breach of Article 6(1)." European Convention on Human Rights 6(1) 1 Cites 1 Citers [ PC ] - [ Bailii ] Â Ikonomitsios -c- Grece 43615/98; [2000] ECHR 501; [2000] ECHR 503 19 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Richmond Upon Thames London Borough Council -v- Holmes and Others Times, 20 October 2000 20 Oct 2000 FD Children, Human Rights, Media A newspaper sought to investigate the policies adopted by the council as regards inter-racial fostering. The council relied upon the Act to justify restrictions it sought to be imposed on the reporting. The case was not affected by the Children Act, and therefore no balancing exercise was required. The policy restricting publication was to be looked at under the convention, and limited only to the extent required. The injunction would be relaxed to permit publication provided the case was appropriately anonymised, and social workers with no opportunity to answer criticism were not named. Children Act 1989 1(1) - European Convention on Human Rights 12 Â Barclays Bank Plc -v- Ellis and Another Times, 24 October 2000 24 Oct 2000 CA Human Rights, Litigation Practice If counsel wished to raise at trial an argument about an infringement of the Convention, it behove him to be prepared with a full argument and to have available any material in terms of decisions of the European Court of Human Rights upon which they or the court could rely. Â Camps -c- France 42401/98; [2000] ECHR 505; [2000] ECHR 507 24 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â BÃœKer -v- Turkey [2000] ECHR 504; 29921/96; [2000] ECHR 506 24 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Pecuniary damage - claim rejected; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Chapus -c- France 46693/99; [2000] ECHR 506; [2000] ECHR 508 24 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina -v- Francom; Regina -v- Latif (Clare); Regina -v- Latif (Melna); Regina -v- Bevis; Regina -v- Harker Times, 24 October 2000; [2000] Crim LR 1018; [2001] 1 Cr App Rep 17 24 Oct 2000 CACD Criminal Practice, Human Rights The judge failed to give a direction in accordance with recommendations from the Judicial Studies Board and counsel in the case as to the need for the jury not to draw inferences from the defendants' failure to mention certain facts on interview. The concepts of fairness and safety were accepted to be different, but the issue of fairness was to be decided in the context of all the circumstances of the case. In this case, the entire case had been presented on the basis that no inference was to be drawn, and the jury could not be expected to have drawn any such inference. The trial was fair and the verdict safe. European Convention on Human Rights Art 6.1 1 Citers Â Sobczyk -v- Poland 27387/95; [2000] ECHR 514; 25693/94 26 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â Regina -v- Secretary of State for Health, Ex Parte Lally; QBD 26-Oct-2000 - Times, 26 October 2000 Â Sobczyk -v- Poland 25693/94; [2000] ECHR 512 26 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Castanheira Barros -c- Portugal 36945/97; [2000] ECHR 507; [2000] ECHR 509 26 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â G J -v- Luxembourg 21156/93; [2000] ECHR 508; [2000] ECHR 510 26 Oct 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Sobczyk -v- Poland 25693/94 ; 27387/95 26 Oct 2000 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 Â Kudla -v- Poland 30210/96; [2000] ECHR 512; (2000) 35 EHRR 198 26 Oct 2000 ECHR Human Rights Just what treatment is sufficiently severe to reach the high threshold required for a violation of article 3 "depends on all the circumstances of the case, such as the nature and context of the treatment, the manner and method of its execution, its duration, its physical or mental effects and, in some instances, the sex, age and state of health of the victim"Treatment was held to be "inhuman" because, inter alia, it was premeditated, was applied for hours at a stretch and caused either actual bodily injury or intense physical and mental suffering, and also "degrading" because it was such as to arouse in the victims feeling of fear, anguish and inferiority capable of humiliating and debasing them. European Convention on Human Rights 3 1 Citers [ Bailii ] - [ Bailii ] Â Hasan and Chaush -v- Bulgaria 30985/96; (2002) 34 EHRR 55; [2000] ECHR 509; (2002) 34 EHRR 1339; [2000] ECHR 511 26 Oct 2000 ECHR Human Rights, Ecclesiastical The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: "Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the Convention which safeguards associative life against unjustified State interference. Seen in this perspective, the believer's right to freedom of religion encompasses the expectation that the community will be allowed to function peacefully free from arbitrary State intervention. Indeed, the autonomous existence of religious communities is indispensable for pluralism in a democratic society and is thus an issue at the very heart of the protection which Article 9 affords. It directly concerns not only the organisation of the community as such but also the effective enjoyment of the right to freedom of religion by all its active members" The court "recalls that, but for very exceptional cases, the right to freedom of religion as guaranteed under Convention excludes any discretion on the part of the State to determine whether religious beliefs or the means used to express such beliefs are legitimate." Not every act which is in some way motivated or inspired by religious belief is to be regarded as the manifestation of religion. The court considered the need for precision in the formulation of law and said: “For domestic law to meet these requirements [that is, of accessibility and foreseeability] it must afford a measure of legal protection against arbitrary interferences by public authorities with the rights safeguarded by the Convention. In matters affecting fundamental rights it would be contrary to the rule of law, one of the basic principles of a democratic society enshrined in the Convention, for a legal discretion granted to the executive to be expressed in terms of an unfettered power. Consequently, the law must indicate with sufficient clarity the scope of any such discretion conferred on the competent authorities and the manner of its exercise. The level of precision required of domestic legislation - which cannot in any case provide for every eventuality - depends to a considerable degree on the content of the instrument in question, the field it is designed to cover and the number and status of those to whom it is addressed.” European Convention on Human Rights 9 11 1 Citers [ Bailii ] - [ Bailii ] Â Leoni -c- Italie 43269/98; [2000] ECHR 511; [2000] ECHR 513 26 Oct 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cable and Wireless (Dominica) Limited -v- Marpin Telecoms and Broadcasting Company Limited Times, 09 January 2001; [2000] UKPC 42; [2001] 1 WLR 1123 30 Oct 2000 PC Lord Cooke of Thorndon Media, Human Rights, Commonwealth (Dominica) The importance of telecommunications in today's society meant that it would be an infringement of the right of freedom of expression guaranteed under the constitution to grant a monopoly right to provide such services within a nation. Interference with the provision of a telecommunications service can amount to interfering with the freedom of expression of those who would wish to use that service. The court must then decide whether such a restriction was reasonably required in a democratic society, to protect the rights and freedoms of others. It then fell to the challenger to show that it was not reasonably justifiable in a democratic society. 1 Citers [ Bailii ] - [ PC ] Â Mcintosh -v- HM Advocate Times, 31 October 2000; [2000] DRA 12 31 Oct 2000 HCJ Criminal Evidence, Human Rights, Scotland An application for a confiscation order following a drugs trial, was subject to the requirement of a presumption of innocence. The assumptions required of a court under the Act as to the source of assets acquired by the convicted person violated that presumption of innocence. The section required nothing of the Crown to even suggest any justified grounds of suspicion. The absence of any charge or similar procedure would make it even more necessary to provide the person subject to the application with the right to a fair trial. Proceeds of Crime (Scotland) Act 1995 - European Convention on Human Rights Art 6.1 1 Cites 1 Citers Â Â McCartan Turkington Breen (A Firm) -v- Times Newspapers Limited; HL 2-Nov-2000 - Times, 03 November 2000; [2000] UKHL 57; [2001] 2 AC 277; [2000] 4 All ER 913; [2000] 9 BHRC 497; [2000] 3 WLR 1670; [2000] NI 410; [2001] UKHRR 184; [2001] EMLR 1 Â Â Wilson -v- First County Trust Ltd (1); CA 3-Nov-2000 - Gazette, 18 January 2001; Times, 06 December 2000; [2000] EWCA Civ 278; [2001] QB 407 Â Forte -c- Italie 45897/99; [2000] ECHR 519; [2000] ECHR 521 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pittoni -c- Italie 45874/99; [2000] ECHR 533; [2000] ECHR 535 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Giarratana -c- Italie 45888/99; [2000] ECHR 521; [2000] ECHR 523 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Turchini -c- Italie 45879/99; [2000] ECHR 536; [2000] ECHR 538 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Piccolo -v- Italy [2000] ECHR 532; 45891/99; [2000] ECHR 534 7 Nov 2000 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Roma -c- Italie 45887/99; [2000] ECHR 534; [2000] ECHR 536 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Piccirillo -c- Italie 45878/99; [2000] ECHR 531; [2000] ECHR 533 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pernici Et D'Ercole -c- Italie 45894/99; [2000] ECHR 530; [2000] ECHR 532 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â P.G.V. -c- Italie 45889/99; [2000] ECHR 529; [2000] ECHR 531 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â M.A.I.E. S.N.C. -c- Italie 45893/99; [2000] ECHR 528; [2000] ECHR 530 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lacombe -c- France 44211/98; [2000] ECHR 527; [2000] ECHR 529 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Il Messaggero S.A.S. -c- Italie 45876/99; [2000] ECHR 525; [2000] ECHR 527 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cossu -c- Italie 45884/99; [2000] ECHR 515; [2000] ECHR 517 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Santini -c- Italie 45895/99; [2000] ECHR 535; [2000] ECHR 537 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Iannelli -c- Italie 45885/99; [2000] ECHR 524; [2000] ECHR 526 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kingsley -v- The United Kingdom Times, 09 January 2001; (2001) 33 EHRR 288; [2000] ECHR 526; 35605/97; [2000] ECHR 528 7 Nov 2000 ECHR Human Rights, Judicial Review The judicial review procedure which restricted the matters which it considered so as to exclude consideration of the allegation by the applicant that the tribunal whose decision he challenged had not been impartial, was insufficient to support the provision of a fair trial. This amounted to a lack of control over that tribunal by a judicial body with full jurisdiction. To satisfy that requirement, the reviewing court needed the power to set aside the decision and to order that it be reheard by such an impartial tribunal. Human Rights Act 1998 - European Convention on Human Rights 1 Citers [ Bailii ] - [ Bailii ] Â Ar.Ge.A. S.N.C. -c- Italie 45881/99; [2000] ECHR 514; [2000] ECHR 516 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D'Antoni -c- Italie 45890/99; [2000] ECHR 516; [2000] ECHR 518 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Di Teodoro Et Autres -c- Italie 45898/99; [2000] ECHR 517; [2000] ECHR 519 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Feffin -c- Italie 45892/99; [2000] ECHR 518; [2000] ECHR 520 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gaudino -c- Italie 45873/99; [2000] ECHR 520; [2000] ECHR 522 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gratteri -c- Italie 45886/99; [2000] ECHR 522; [2000] ECHR 524 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Guidi -c- Italie 45896/99; [2000] ECHR 523; [2000] ECHR 525 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Anagnostopoulos And Others -v- Greece 39374/98; [2000] ECHR 513; [2000] ECHR 515 7 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Giuseppina Caruso -c- Italie 45859/99; [2000] ECHR 551; [2000] ECHR 553 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Beltramo -c- Italie 40977/98; [2000] ECHR 538; [2000] ECHR 540 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D'Annibale -c- Italie 45872/99; [2000] ECHR 545; [2000] ECHR 547 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Fr.C. -c- Italie 45855/99; [2000] ECHR 549; [2000] ECHR 551 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Filippello -c- Italie 45868/99; [2000] ECHR 548; [2000] ECHR 550 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ferrazzo Et Autres -c- Italie 45870/99; [2000] ECHR 547; [2000] ECHR 549 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â F. S.P.A. -c- Italie 39164/98; [2000] ECHR 546; [2000] ECHR 548 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Comella Et Autres -c- Italie 45857/99; [2000] ECHR 544; [2000] ECHR 546 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cobianchi -c- Italie (NÂ° 2) 45852/99; [2000] ECHR 543; [2000] ECHR 545 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cobianchi -c- Italie (NÂ° 1) 43434/98; [2000] ECHR 542; [2000] ECHR 544 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Chiappetta -c- Italie 45869/99; [2000] ECHR 541; [2000] ECHR 543 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Capdeville -c- Portugal 40250/98; [2000] ECHR 539; [2000] ECHR 541 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Barbosa Araujo -c- Portugal 39110/97; [2000] ECHR 537; [2000] ECHR 539 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Grass -c- France 44066/98; [2000] ECHR 553; [2000] ECHR 555 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cavallaro -c- Italie 45861/99; [2000] ECHR 540; [2000] ECHR 542 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tor Di Valle Costruzioni S.P.A. -c- Italie (NÂ° 6) 45867/99; [2000] ECHR 565; [2000] ECHR 567 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Giuseppe Nicola Et Luciano Caruso -c- Italie 45860/99; [2000] ECHR 550; [2000] ECHR 552 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â I.F. -c- Italie 40968/98; [2000] ECHR 554; [2000] ECHR 556 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Goc -v- Turkey 35-37, ECHR 2002-V; 36590/97 9 Nov 2000 ECHR Human Rights, Criminal Practice The applicant had claimed compensation for unlawful detention and mistreatment during that detention; although the proceedings were civil in nature, they were governed by the code of criminal procedure. The applicant was not given an oral hearing before the first instance court which was responsible for establishing the facts and assessing the compensation; Turkey sought to rely on the fact that there could have been an oral hearing before the Court of Cassation and, as the applicant had not sought a hearing before that Court, he had waived his right. Held: The Grand Chamber, divided, found that the denial of an oral hearing breached Article 6. An integral part of his case was that during the three days he was wrongfully held in police custody he was ill treated, endured personal suffering and harm and that; "He was never given the opportunity to explain orally to a court in the context of an adversarial procedure the injustice which had been done to him and his family. According to the applicant had he been given the opportunity to state his case to the domestic courts they would have been persuaded of the reality of the suffering which he and his family endured and of the harm caused to his reputation". The court set out the criteria for allowing a case not to be heard in public: "That case law lays down three criteria for determining whether there are exceptional circumstances which justify dispensing with a public hearing; there must be no factual or legal issue which requires a hearing; the questions which the court is required to answer must be limited in scope and no public interest must be at stake." As to the waiver argument: "… Even assuming that Article 438 of the Code of Civil Procedure could have provided the basis for a request for a hearing before the Court of Cassation, the crucial question is whether the applicant should have been afforded a hearing before the Karsiyaka Assize Court, the tribunal which was responsible for establishing the fact of the case and assessing the amount of compensation to be awarded to the applicant. To the extent that the Government imply this, the applicant cannot be considered to have waived his right to an oral hearing by failing to request one before the Court of Cassation since that court did not have full jurisdiction to substitute its own view of the amount of compensation which should be awarded to the applicant for that of the first-instance court (see mutatis mutandis, Diennet v France, judgment of 26 September 1995, Series A nn.325-A, p.15, § 34 [21 EHHR 554]) Having regard to the above considerations, the Court will examine whether there were any exceptional circumstances which justified dispensing with an oral hearing on the applicant's compensation claim." European Convention on Human Rights 6.1 1 Citers Â Zironi -c- Italie 37079/97; [2000] ECHR 566; [2000] ECHR 568 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tor Di Valle Costruzioni S.P.A. -c- Italie (NÂ° 5) 45866/99; [2000] ECHR 564; [2000] ECHR 566 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tor Di Valle Costruzioni S.P.A. -c- Italie (NÂ° 4) 45865/99; [2000] ECHR 563; [2000] ECHR 565 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tor Di Valle Costruzioni S.P.A. -c- Italie (NÂ° 2) 45863/99; [2000] ECHR 561; [2000] ECHR 563 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tor Di Valle Costruzioni S.P.A. -c- Italie (NÂ° 1) 45862/99; [2000] ECHR 560; [2000] ECHR 562 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lo Cicero -c- Italie 45853/99; [2000] ECHR 556; [2000] ECHR 558 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tesconi -c- Italie 45858/99; [2000] ECHR 559; [2000] ECHR 561 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Spurio -c- Italie (NÂ° 2) 39705/98; [2000] ECHR 558; [2000] ECHR 560 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tor Di Valle Costruzioni S.P.A. -c- Italie (NÂ° 3) 45864/99; [2000] ECHR 562; [2000] ECHR 564 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Jori -v- Slovakia [2000] ECHR 555; 34753/97; [2000] ECHR 557 9 Nov 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Savino -c- Italie 45854/99; [2000] ECHR 557; [2000] ECHR 559 9 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Skrine and Co (a Firm) and others -v- Euromoney Publications plc and others Times, 10 November 2000; Gazette, 23 November 2000; [2001] EMLR 16 10 Nov 2000 QBD Morland J International, Human Rights, Defamation The court was asked to strike out parts of a defemation pleading alleging that (i) the Malaysian Prime Minister had acted in a manner intended and/or calculated to interfere with the independent judiciary; (ii) Malaysian judges applied the law of defamation to penalise dissent and stifle freedom of expression; and (iii) the claimants' insurers only paid the original plaintiffs "exorbitant sums by way of ostensible damages and costs because they apprehended that the claimants would not have received a fair trial at the hands of Malaysia's internationally discredited legal system." Held: An English court should not be asked to judge the propriety of the actions of the judiciary of a friendly foreign state. This would put such friendly relations at risk and an English judge could have no way of making such a judgment. It was not a breach of an applicant's civil rights to enforce a properly made contribution order made there against a citizen here, since under the Act only an award which was just and equitable in all the circumstances could be made. The defence of fair comment could still be tried fairly. Civil Liability (Contributions) Act 1978 1 Cites 1 Citers Â Â Tse Wai Chun Paul -v- Albert Cheng; 13-Nov-2000 - [2001] EMLR 777; [2000] 3 HKLRD 418; [2000] HKCFA 35 Â Riepan -v- Austria [2000] ECHR 573; 35115/97; [2000] ECHR 575 14 Nov 2000 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 - Convention proceedings "the holding of court hearings in public constitutes a fundamental principle enshrined in paragraph 1 of article 6." Criminal trials require "the same kind of fundamental guarantee in the form of publicity." European Convention on Human Rights 6 1 Citers [ Bailii ] - [ Bailii ] Â Yasar And Others -v- Turkey 27698/95; [2000] ECHR 579; 27697/95 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â V.N.K. And Forty-four Others -v- Turkey 29890/96; [2000] ECHR 578; 29888/96; 29889/96 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Tas -v- Turkey 24396/94; [2000] ECHR 577 14 Nov 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 with regard to death of applicant [ Bailii ] Â Yasar Et Autres -c- Turquie 27697/95; [2000] ECHR 576 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â T -v- Austria [2000] ECHR 574; 27783/95; [2000] ECHR 576 14 Nov 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 6-1+6-3-a+6-3-b; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Cases Of Annoni Di Gussola And Debordes And Omer -v- France 33293/96; [2000] ECHR 570; 31819/96 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â V.N.K. Et Quarante-Quatre Autres -c- Turquie 29888/96; [2000] ECHR 575 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Piron -c- France 36436/97; [2000] ECHR 572; [2000] ECHR 574 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â B.T. Et Autres -c- Turquie 26093/94; [2000] ECHR 567 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Cases Of Annoni Di Gussola And Debordes And Omer -v- France 31819/96; [2000] ECHR 568 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Delgado -c- France 38437/97; [2000] ECHR 569; [2000] ECHR 571 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â B.T. And Others -v- Turkey 26094/94; [2000] ECHR 569; 26093/94 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Gunduz Et Autres -c- Turquie 31249/96; [2000] ECHR 570; [2000] ECHR 572 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â P.V. -c- France 38305/97; [2000] ECHR 571; [2000] ECHR 573 14 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina -v- Offen; Regina -v- McGuillard; Regina -v- McKeown; Regina -v- Okwuegbunam; Regina -v- Saunders (Stephen) Times, 15 November 2000; Gazette, 05 January 2001; [2001] 1 WLR 253 15 Nov 2000 CACD Kennedy LJ, Hooper J Criminal Sentencing, Human Rights For the purposes of the Act, where a defendant faced a compulsory life sentence following two convictions for certain offences, a finding by the judge that the defendant did not pose a serious risk to society, could be an exceptional circumstance justifying not imposing the sentence. Such a finding might be based upon there being a long time between offences, or the offences being of a different nature. Nevertheless, where the defendant did pose a risk to society, such a sentence would not be a breach of the defendant's human right to a fair trial. CS Kennedy LJ: "[T]here is nothing offensive or contrary to Convention law about Parliament reminding the courts of the risks normally attendant upon the grant of bail to those to whom section 25 applies. A reminder can properly be given by creating a statutory presumption against the grant of bail, but if judicial control is to be effective courts must be left free to examine all of the relevant circumstances and, in an appropriate case, to override the presumption." and "[Section 25 (1)] establishes a norm. The norm is that those to whom it applies if granted bail are so likely to fail to surrender to custody, or offend, or interfere with witnesses or otherwise obstruct the course of justice that bail should not be granted. If in fact, taking into account all the circumstances relating to a particular alleged offence and offender he does not create an unacceptable risk of that kind he is an exception to the norm, and in accordance with his individual right to liberty he should be granted bail. . . . the fact that section 25 overrides section 4 of the Bail Act 1976 will not be a matter of any great moment, because section 25 will merely assist the court to adopt a proper approach in relation to the question of bail, and the approach will be in conformity with the requirements of article 5." Human Rights Act 1998 - Crime (Sentences) Act 1997 1 Citers Â Il Messaggero S.A.S. -v- Italy (No. 4) 46518/99; [2000] ECHR 600 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Il Messaggero S.A.S. -v- Italy (No. 2) 46516/99; [2000] ECHR 598 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â F., T. And E. -v- Italy 46525/99; [2000] ECHR 591; 46524/99 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Il Messaggero S.A.S. -v- Italy (No. 3) 46517/99; [2000] ECHR 599 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Il Messaggero S.A.S. -v- Italy (No. 5) 46519/99; [2000] ECHR 601 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Martins And Garcia Alves -v- Portugal 37528/97; [2000] ECHR 605 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Mmb Di Beloli Luciano &Amp; -c- S.N.C. And Beloli -v- Italy 46540/99; [2000] ECHR 606 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Lanino -c- Italie 46542/99; [2000] ECHR 596; [2000] ECHR 603 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bacigalupi -c- Italie 45856/99; [2000] ECHR 577; [2000] ECHR 580 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bilgin -v- Turkey [2000] ECHR 579; 23819/94; [2000] ECHR 582 16 Nov 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Violation of Art. 8 + P1-1; Violation of Art. 13; No violation of Art. 14 or Art. 18; Failure to comply with obligations under former Art. 25-1 (Art. 34); Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Francesco Costantini -c- Italie 46538/99; [2000] ECHR 590; [2000] ECHR 593 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â F.L.S. -c- Italie 46533/99; [2000] ECHR 589; [2000] ECHR 592 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â F., T. Et E. -c- Italie 46524/99; [2000] ECHR 588 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Dorigo -c- Italie 46520/99; [2000] ECHR 587; [2000] ECHR 590 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D.C. -c- Italie 46536/99; [2000] ECHR 586; [2000] ECHR 589 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Corsi -c- Italie 46527/99; [2000] ECHR 585; [2000] ECHR 588 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ciccardi -c- Italie 46521/99; [2000] ECHR 584; [2000] ECHR 587 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cerulli Et Zadra -c- Italie 46537/99; [2000] ECHR 583; [2000] ECHR 586 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Carboni -c- Italie 46526/99; [2000] ECHR 582; [2000] ECHR 585 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Burghesu -c- Italie 46534/99; [2000] ECHR 580; [2000] ECHR 583 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Petersen -v- Denmark [2000] ECHR 599; 24989/94; [2000] ECHR 608 16 Nov 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Bielectric S R L -v- Italy [2000] ECHR 578; 36811/97; [2000] ECHR 581 16 Nov 2000 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 ] - [ Bailii ] Â Vaccaro -v- Italy [2000] ECHR 605; 41852/98; [2000] ECHR 614 16 Nov 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Ribeiro Ferreira Ruah -c- Portugal 38325/97; [2000] ECHR 600; [2000] ECHR 609 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tor Di Valle Costruzioni S.P.A. -c- Italie (NÂ° 7) 46539/99; [2000] ECHR 604; [2000] ECHR 613 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tanribilir -c- Turquie 21422/93; [2000] ECHR 603; [2000] ECHR 612 16 Nov 2000 ECHR Human Rights, Prisons The Court observed that, by its very nature, any deprivation of physical liberty carries with it a risk of suicide, against which the authorities must take general precautions. European Convention on Human Rights 1 Citers [ Bailii ] - [ Bailii ] Â Calbini -c- Italie 46541/99; [2000] ECHR 581; [2000] ECHR 584 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Rojas Morales -c- Italie 39676/98; [2000] ECHR 601; [2000] ECHR 610 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â G.S. Et L.M. -c- Italie 46543/99; [2000] ECHR 591; [2000] ECHR 594 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lonardi -c- Italie 46523/99; [2000] ECHR 597; [2000] ECHR 604 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nolla -c- Italie 46522/99; [2000] ECHR 598; [2000] ECHR 607 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Iulio -c- Italie 46530/99; [2000] ECHR 595; [2000] ECHR 602 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Giovannangeli -c- Italie 46531/99; [2000] ECHR 594; [2000] ECHR 597 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Giannalia -c- Italie 46528/99; [2000] ECHR 593; [2000] ECHR 596 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gaspare Conte -c- Italie 46532/99; [2000] ECHR 592; [2000] ECHR 595 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Societe Anonyme &Quot;Sotiris And Nikos Koutras Attee&Quot; -v- Greece 39442/98; [2000] ECHR 602; [2000] ECHR 611 16 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Picconi -c- Italie 46509/99; [2000] ECHR 624; [2000] ECHR 633 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Demiray -v- Turkey 27308/95; [2000] ECHR 614; [2000] ECHR 623 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cecchini -c- Italie 44332/98; [2000] ECHR 610; [2000] ECHR 619 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina -v- Togher, Regina -v- Doran, Regina -v- Parsons Times, 21 November 2000 21 Nov 2000 CACD Criminal Practice, Human Rights In the light of the Human Rights Act, it would now be almost inevitable that a finding that the defendant had not had a fair trial, would lead to a finding that his conviction could not be regarded as safe. Where a defendant had pleaded guilty, but the circumstances suggested some abuse of process, it may be proper to allow an appeal to stand. The question of whether the rights of the defendant. Â Arquilla -c- Italie 44374/98; [2000] ECHR 606; [2000] ECHR 615 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Calvani -c- Italie 44365/98; [2000] ECHR 607; [2000] ECHR 616 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Catalano -c- Italie 46510/99; [2000] ECHR 609; [2000] ECHR 618 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D'Arrigo Et Garrozzo -c- Italie 40216/98; [2000] ECHR 611; [2000] ECHR 620 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D'Innella -c- Italie 44370/98; [2000] ECHR 612; [2000] ECHR 621 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â D.G. -c- Italie 46507/99; [2000] ECHR 613; [2000] ECHR 622 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sapia -c- Italie 44368/98; [2000] ECHR 627; [2000] ECHR 636 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Canzano -c- Italie 44371/98; [2000] ECHR 608; [2000] ECHR 617 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Di Muro -c- Italie 44363/98; [2000] ECHR 615; [2000] ECHR 624 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Teofili -c- Italie 46508/99; [2000] ECHR 630; [2000] ECHR 639 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sparano -c- Italie 46512/99; [2000] ECHR 629; [2000] ECHR 638 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Senese -c- Italie 43295/98; [2000] ECHR 628; [2000] ECHR 637 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Rotiroti -c- Italie 46513/99; [2000] ECHR 626; [2000] ECHR 635 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Piscopo -c- Italie 44357/98; [2000] ECHR 625; [2000] ECHR 634 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Perosino -c- Italie 44372/98; [2000] ECHR 623; [2000] ECHR 632 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Murru -c- Italie 46514/99; [2000] ECHR 619; [2000] ECHR 628 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â G.G. -c- Italie 44367/98; [2000] ECHR 616; [2000] ECHR 625 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Iorio -c- Italie 44376/98; [2000] ECHR 617; [2000] ECHR 626 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Miele -c- Italie 44338/98; [2000] ECHR 618; [2000] ECHR 627 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pe.C. -c- Italie 44369/98; [2000] ECHR 622; [2000] ECHR 631 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pagliacci Et Marruco -c- Italie 44366/98; [2000] ECHR 620; [2000] ECHR 629 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pareschi -c- Italie 44373/98; [2000] ECHR 621; [2000] ECHR 630 21 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Regina -v- Manchester Crown Court, ex parte McCann and others; QBD 22-Nov-2000 - Gazette, 11 January 2001; Times, 22 December 2000; [2002] 3 WLR 1313; [2000] EWHC 565 (QB) Â Regina -v- Nangle Times, 09 January 2001; Gazette, 23 November 2000 23 Nov 2000 CACD Legal Professions, Criminal Practice, Human Rights The test of whether the defence conducted on behalf of the defendant, was so incompetent that his trial could not be described as fair, may now, because of the Human Rights Convention be less than the 'flagrant incompetence' formerly required. If the incompetence did reach such a level as to have denied him a fair trial, then his right might have been reached. The case before the court involving various allegations was not such as to make the trial not fair, and in this case there was no need to decide in detail what that standard might be. The provisions of the Human Rights Act may have made inappropriate the old standard for judging the need for a retrial in a criminal matter where incompetence was alleged against counsel, but the case before the court involving various allegations was not such as to make the trial not fair, and in this case there was no need to decide in detail what that standard might be. Â Regina -v- Secretary of State for Home Department ex parte Mario Montana Times, 05 December 2000; Gazette, 11 January 2001; [2000] EWHC Admin 421 23 Nov 2000 Admn Administrative, Human Rights, Discrimination, Children The distinction made in British nationality law, between the relationships of mother and child, and that of father and child, when the parents were not married, was not a breach of the human right to a family life. The claimant suggested that the rule was discriminatory both as sex discrimination, and as discrimination against the child as illegitimate. In this case the refusal of British citizenship had not in fact interfered with the child's family relationships, and there was no previous case in which such a distinction had been found. The cases for citizenship under the two sections were quite different, and were not proper comparators. British Nationality Act 1981 2 3 [ Bailii ] Â The Former King Of Greece And Others -v- Greece ECHR 2000-XII; [2000] ECHR 631; [2002] ECHR 784; 25701/94 23 Nov 2000 ECHR Human Rights Hudoc Violation of P1-1; Not necessary to examine Art. 14 + P1-1; Just satisfaction reserved 1 Citers [ Bailii ] - [ Bailii ] Â Thurin -c- France 32033/96; [2000] ECHR 639; [2000] ECHR 648 28 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Leclercq -c- France 38398/97; [2000] ECHR 633; [2000] ECHR 642 28 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lucas -c- France 37257/97; [2000] ECHR 634; [2000] ECHR 643 28 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pulvirenti -c- France 41526/98; [2000] ECHR 635; [2000] ECHR 644 28 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Siegel -v- France 36350/97; [2000] ECHR 638; [2000] ECHR 647 28 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Rehbock -v- Slovenia 29462/95; [2000] ECHR 636; [2000] ECHR 645; [2009] ECHR 2239 28 Nov 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion); Violation of Art. 3 as regards treatment on arrest; No violation of Art. 3 as regards treatment during detention; Violation of Art. 5-4; Violation of Art. 5-5; Violation of Art. 8; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award [ Bailii ] - [ Bailii ] - [ Bailii ] Â Bouriau -c- France 39523/98; [2000] ECHR 632; [2000] ECHR 641 28 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ot Africa Line Ltd -v- Fayad Hijazy and Another; Same -v- Fayad Hijazy and Others Times, 28 November 2000 28 Nov 2000 QBD Litigation Practice, Human Rights, Jurisdiction The human right to a fair trial did not amount to a right to an unfettered choice of tribunal. Contracts said that they were exclusively governed by English law and to be decided in England. Proceedings between the parties having already commenced in England some of the defendants were enjoined from continuing another action they had begun in Belgium arising from the same contract. Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968 art 17 Â Rosslhuber -v- Austria [2000] ECHR 637; 32869/96; [2000] ECHR 646 28 Nov 2000 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 - claim rejected [ Bailii ] - [ Bailii ] Â Nhs Trust A -v- M; NHS Trust B -v- H Times, 29 November 2000 29 Nov 2000 FD Health, Human Rights A decision made according to established principles to withdraw life support treatment when a patient was in a persistent vegetative state, was not a breach of the patient's human rights. In the absence of a duty on the state to continue to provide treatment, a duty which was not recognised in other jurisdictions, it was in accordance with democratic principles. Whilst the family context was important, such a decision was not an interference with the right to family life, and since the patient was insensate, there was no element of inhuman or degrading treatment. Â Regina -v- Calum I MacLeod Times, 20 December 2000 29 Nov 2000 CACD Human Rights, Criminal Practice, Contempt of Court, Crime The defendant had approached a prosecution witness after she had completed her evidence, but before she left, and challenged her on the basis that she had been lying. On the following day the judge considered whether his behaviour was a contempt of court, and having found it proved, and sentenced him. In this case, and the judge was not himself a witness to what had happened, and it was appropriate for him to act as an independent tribunal, and it was also necessary to act quickly and decisively. The Article 6 right to a fair trial did not add, in these circumstances, to the requirements which already applied to an English courts. The judge should, however, have requested prosecuting counsel to lead the witness through her evidence. Â In Re K (A Child) (Secure Accommodation Order: Right to Liberty) Times, 29 November 2000; Gazette, 15 December 2000; [2001] 1 FLR 526 29 Nov 2000 CA Education, Children, Human Rights An order providing that a child should stay in secure accommodation, was an order which restricted the child's liberty. A justification for such a restriction had to be brought within the exceptions listed in the article. Detention for educational supervision was permitted, and such supervision was not restricted to education in the sense of tuition in a school setting, but could be extended to include education in the more general sense of the exercise of parental rights by an authority in whose care the child was. Such an order did not therefore conflict with the child's article 5 right. European Convention on Human Rights A5 - Children Act 1989 25 - Children Secure Accomodation Regulations 1991 (1991 No 1505) Â Regina -v- Secretary of State for the Home Department ex parte R Times, 29 November 2000 29 Nov 2000 QBD Immigration, Human Rights An applicant for asylum had had his case rejected and was separated from his family whose similar application had not yet been finally determined, but he remained in close contact with them. He was imprisoned, and on his release ordered to be deported to Argentina. He complained, successfully that the effect would be to destroy any chance of family life. It was held that the effect of deporting him without waiting for the result of his wife's application was disproportionate in the effect it would have on his family life. No order was made on an undertaking from the Home Secretary to await that decision. European Convention on Human Rights Â Edoardo Palumbo -v- Italy 15919/89; [2000] ECHR 640; [2000] ECHR 649 30 Nov 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion); Violation of P1-1; Violation of Art. 6-1; No violation of Art. 14+P1-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings 1 Citers [ Worldlii ] - [ Bailii ] Â M.A. And Others -v- Italy 45732/99; [2000] ECHR 651; 44814/98; 45401/99 30 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â G B -v- Switzerland 27426/95; [2000] ECHR 641; [2000] ECHR 650 30 Nov 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4; Non-pecuniary damage - financial award; Costs and expenses partial award [ Worldlii ] - [ Bailii ] Â M.A. Et Autres -c- Italie 44814/98; [2000] ECHR 642 30 Nov 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â M B -v- Switzerland 28256/95; [2000] ECHR 643; [2000] ECHR 652 30 Nov 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Worldlii ] - [ Bailii ] Â Â In Re Crawley Green Road Cemetery, Luton; ConC 2-Dec-2000 - [2001] All ER (D) 23; [2001] HRLR 21 Â Motiere -c- France 39615/98; [2000] ECHR 649; [2000] ECHR 658 5 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Stott (Procurator Fiscal, Dunfermline) and Another -v- Brown; PC 5-Dec-2000 - Times, 06 December 2000; [2001] 2 WLR 817; [2003] 1 AC 681; [2001] 2 All ER 97; [2000] UKPC D3; 2000 GWD 40-151; 11 BHRC 179; 2001 SLT 59; 2001 SC (PC) 43; (2001) 3 LGLR 24; [2001] RTR 121; [2001] UKHRR 333; [2001] HRLR 9; 2001 SCCR 62 Â Mosticchio -c- Italie 41808/98; [2000] ECHR 648; [2000] ECHR 657 5 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bekdemir -v- Turkey [2000] ECHR 644; 31853/96; [2000] ECHR 653 5 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Kilic Kalkan -v- Turkey [2000] ECHR 647; 34687/96; [2000] ECHR 656 5 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Ozcetin -v- Turkey [2000] ECHR 651; 34591/96; [2000] ECHR 660 5 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Burgorgue -c- France 43624/98; [2000] ECHR 645; [2000] ECHR 654 5 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ozcan -v- Turkey [2000] ECHR 650; 31831/96; [2000] ECHR 659 5 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Can -v- Turkey [2000] ECHR 646; 33369/96; [2000] ECHR 655 5 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Queen on Application of Matthias Rath B -v- Matthias Rath Ltd the Advertising Standards Authority Ltd and the Independent Reviewer of the Advertising Standards Authority Ltd Times, 10 January 2001; [2000] EWHC Admin 428 6 Dec 2000 Admn Media, Human Rights Adjudications of the Advertising Standards Authority are prescribed by law, and the codes of practice are issued by virtue of statutory authority. The codes described a clear system for adjudicating complaints, and therefore anyone publishing advertising material could know in advance what rules applied, and what penalties he might incur. The need to ensure accuracy in health advertising was a sufficient purpose to justify the restriction on the freedom of expression. European Convention on Human Rights Art 10 - Control of Misleading Advertisements Regulations 1988 (1988 No 915) [ Bailii ] Â X -v- Secretary of State for the Home Department [2000] EWCA Civ 3026 7 Dec 2000 CA Immigration, Health, Human Rights The court considered the effect of an immigrant's mental illness on the Home Secretary's powers to refuse to grant him exceptional leave to enter or remain. Immigration Act 1971 - Mental Health Act 1983 - Human Rights Act 1998 [ Bailii ] Â Caglar -v- Germany 62444/00 7 Dec 2000 ECHR Human Rights The applicant a Turkish national, aged 55 years, had lived in Germany for 30 years. He was sentenced to 7 years' imprisonment for a drugs offence, and then ordered expuelled to Turkey. His wife had serious psychiatric problems. She needed him and could not follow him to Turkey. Held: The complaint under Article 8 was inadmissible. The court's task was to determine whether "the measure in issue struck a fair balance between the conflicting interests, namely, on the one side, the applicant's right to respect for his private and family life, and, on the other, the prevention of disorder or crime". "The offence indisputably constituted a serious breach of public order and undermined the protection of the health of others. In view of the devastating effects of drugs on people's lives, the Court appreciates why the authorities show great firmness with regard to those who actively contribute to the spread of this scourge (see the Dalia v France judgment of 19 February 1998, Reports 1998-I, p.92 54). Although the applicant's removal from Germany would involve considerable hardship, the Court considers, in the light of the foregoing, and taking into account the margin of appreciation left to the Contracting States in such circumstances (see the Boughanemi v France judgment of 24 April 1996, Reports 1996 II, p 610, 41), that the decision to expel the applicant was not disproportionate to the legitimate aims pursued. There is therefore no appearance of a violation of Article 8." European Convention on Human Rights 8 1 Citers Â Zoon -v- The Netherlands [2000] ECHR 654; 29202/95; [2000] ECHR 663 7 Dec 2000 ECHR Human Rights Hudoc No violation of Art. 6-1 and Art. 6-3-b [ Bailii ] - [ Bailii ] Â X -v- Secretary of State for Home Department [2000] EWCA Civ 311 7 Dec 2000 CA Lord Justice Schiemann, Lord Justice Tuckey, And Sir Swinton Thomas Immigration, Health, Human Rights The applicant applied for asylum, but suffered from schizophrenia. He had been refused entry and detained, and then his detention was transferred to a mental hospital by order of the Home Secretary, with a view to his return for treatment in Malta. The applicant alleged that the Secretary had no power to so order without going first to the Mental Health Review Tribunal. Held: the Secretary's duties were not solely to look to the applicant's bests interests, but also to immigration control. Nevertheless it was argued that to move a person under treatment could amount to inhuman or degrading treatment. In this case that argument failed. It could not be assumed that he would not receive proper health care in Malta. It was also argued that once subject to the Mental Health Act, he could only be dealt with under that Act. Parliament had not circumscribed the Home Secretary's Immigration Act powers, and those remained in effect. Appeal refused. Immigration Act 1971 2(1)(b), 86(2) - Mental Health Act 1983 47, 86 [ Bailii ] Â Lee Christopher Parker -v- Director of Public Prosecutions Times, 26 January 2001; [2000] EWHC Admin 429; [2000] EWHC QB 44 7 Dec 2000 Admn Lord Justice Waller, And Mr Justice Sachs Road Traffic, Human Rights The irrebuttable presumption contained in the Act that the level of alcohol contained in the accused's blood at the time when he was stopped was no less than the level measured later that the police station, was not incompatible with the defendant's right to a fair trial. It lay ill in the mouth of a defendant to argue innocence on the basis that he had consumed alcohol only shortly before driving, but to such a level that it did not show up when stopped, but only later when tested at the police station. Given the importance of the need to prevent drunken driving, the assumption and its irrebutable nature was reasonable, and not an infringement of the defendant's right to a fair trial. Road Traffic Offenders Act 1988 15(2) - Road Traffic Act 1988 5 - Road Traffic Offenders Act 1988 15 1 Cites [ Bailii ] - [ Bailii ] Â Valle -v- Finland [2000] ECHR 653; 28808/95; [2000] ECHR 662 7 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Â Regina -v- Secretary of State for Home Department ex parte Mahmood; CA 8-Dec-2000 - Times, 09 January 2001; [2001] 1 WLR 840; [2000] All ER (D) 2191; [2000] EWCA Civ 315; [2001] HRLR 14; [2001] Fam Law 257; [2001] Imm AR 229; [2001] 1 FLR 756; [2001] UKHRR 307; (2001) 3 LGLR 23; [2001] ACD 38; [2001] 2 FCR 63; [2001] INLR 1 Â Ballestra -c- France 28660/95; [2000] ECHR 655; [2000] ECHR 664 12 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Geneste -c- France 48994/99; [2000] ECHR 656; [2000] ECHR 665 12 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Campmany Y Diez De Revenga -v- Spain 54224/00; [2000] ECHR 696 12 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â Regina (Holding and Barnes Plc) -v- Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) -v- Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc; Admn 13-Dec-2000 - Times, 24 January 2001; [2000] EWHC Admin 432 Â Albrecht Wendenburg & Ors V Germany 71630/01; [2000] ECHR 701 13 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Kallitsis -c- Grece 46351/99; [2000] ECHR 661; [2000] ECHR 669 14 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Attorney General's Reference No. 3 of 1999 [2000] UKHL 71; [2001] 2 AC 91; [2001] 1 All ER 577; [2001] Crim LR 394; [2001] HRLR 16; [2001] 2 WLR 56; [2001] 1 Cr App R 34; [2000] Po LR 386 14 Dec 2000 HL Lord Steyn, Lord Cooke of Thorndon, Lord Clyde, Lord Hutton, Lord Hobhouse of Woodborough Criminal Practice, Human Rights, Police An horrific rape had taken place. The defendant was arrested on a separate matter, tried and acquitted. He was tried under a false ID. His DNA sample should have been destroyed but wasn't. Had his identity been known, his DNA could have been kept because of other convictions. He was arrested for the rape after a DNA match. It was argued that under the 1984 Act, the sample could not be used in evidence against him. The House considered whether the section was mandatory or directory. Held: The direction to destroy such a sample was mandatory, and the sample should not have been used for the investigation of an offence. However, "paragraph (b), in contrast with paragraph (a), does not go on to provide that, in the event of such unlawful use, the results of the investigation shall not be admissible in evidence against the person who was entitled to the destruction of the sample. Nor does it provide that an unlawful investigation shall be null and void or deemed never to have occurred " Any question as to the fairness of the admissibility of the evidence could still be addressed by the court under section 78. Police and Criminal Evidence Act 1984 64(3B) - Human Rights Act 1998 1 Cites 1 Citers [ Bailii ] Â The Institute Of French Priests And Others -v- Turkey [2000] ECHR 659; 26308/95; [2000] ECHR 671 14 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Malinowska -v- Poland [2000] ECHR 662; 35843/97; [2000] ECHR 670 14 Dec 2000 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 - claim rejected [ Bailii ] - [ Bailii ] Â H L -v- Finland 33600/96; [2000] ECHR 658; [2000] ECHR 667 14 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) The applicant complained, under Article 6 § 1 of the Convention, about the length of criminal proceedings against him. Various complaints had been made about his involvement with limited companies, but the proceedings became protracted, extending over several years with little progress being made, until convictions. On the basis of a friendly settlement on an ex gratia basis, the case was struck out of the Court's list of cases under Rule 51 §§ 2 and 4 of the Rules of Court. [ Bailii ] - [ Bailii ] Â Jeznach -v- Poland [2000] ECHR 660; 27580/95; [2000] ECHR 668 14 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â GÃœL -v- Turkey [2000] ECHR 657; 22676/93; [2000] ECHR 666 14 Dec 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 2 in respect of death of applicant [ Bailii ] - [ Bailii ] Â Â Attorney General's Reference (No 3 of 1999) (Lynn); HL 15-Dec-2000 - Gazette, 15 February 2001; Times, 15 December 2000; [2000] UKHL 63; [2001] 2 WLR 56; [2001] 2 AC 91 Â Â Ashworth Security Hospital -v- MGN Ltd; CA 18-Dec-2000 - Times, 10 January 2001; Gazette, 08 February 2001; [2000] EWCA Civ 334; [2001] 1 WLR 515; [2001] 1 All ER 991 Â Marcotrigiano -c- Italie 44344/98; [2000] ECHR 665; [2000] ECHR 674 19 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Freunberger -v- Austria [2000] ECHR 664; 34186/96; [2000] ECHR 673 19 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Edelmayer -v- Austria 33979/96; [2000] ECHR 663; [2000] ECHR 672 19 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â S -v- Austria [2000] ECHR 668; 33732/96; [2000] ECHR 677 19 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â R -v- Austria [2000] ECHR 667; 32502/96; [2000] ECHR 676 19 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Principe Et Autres -c- Italie 44330/98; [2000] ECHR 666; [2000] ECHR 675; [2010] ECHR 575 19 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Â Regina -v- P and others; HL 19-Dec-2000 - Times, 19 December 2000; Gazette, 22 February 2001; [2002] 1 AC 146; [2000] UKHL 69; [2000] UKHL 72; [2001] 2 Cr App R 8; [2001] 2 All ER 58; [2001] 2 WLR 463 Â Regina -v- Smith (Joe) Times, 20 December 2000; [2001] 2 Cr App R 1; [2001] 1 WLR 1031 20 Dec 2000 CACD Human Rights, Criminal Practice The defendant was arrested for burglary and a non-intimate sample taken without his consent. The DNA profile matched blood at the scene of the burglary, and this match was the bedrock of the prosecution case. Before the trial, prosecuting counsel applied ex parte to withhold disclosure of certain material. The defence were notified of the application but not of the category into which the material was said to fall. The judge ruled that the material should not be disclosed and the defence were so informed. The defence then submitted to the judge that the DNA evidence derived from the non-intimate sample should be excluded under section 78 on the ground that the police had had no reasonable grounds for suspecting the defendant of committing the burglary, and had not therefore been entitled to arrest him or take the sample. There was no evidence before the jury to show that the police had had reasonable cause to suspect the defendant of the burglary but the judge relied on the PII information to rule that the police had had reasonable grounds for suspicion and declined to exclude the DNA evidence. Held: There is nothing in human rights law, or in common law jurisdiction to say that the use of material not disclosed to the defence in an ex parte application for a public interest immunity certificate, was a breach of the defendant's article 6 right which guaranteed a fair trial. Here, the defendant's arrest was challenged as unlawful. The police sought to justify the arrest on the basis that they had reasonable suspicion of his involvement in the offence, but they sought permission not disclose the basis of that reasonable suspicion, and there is no provision to allow a hearing with special counsel appointed to represent the defendant's interest in such a situation, although this might be considered in future. European Convention on Human Rights 6 - Police and Criminal Evidence Act 1984 78 1 Citers Â Â Holub and another -v- Secretary of State for Home Department; CA 20-Dec-2000 - [2000] EWCA Civ 343; [2001] 1 WLR 1359; [2001] ELR 401; [2001] Imm AR 282; [2001] INLR 219 Â Montez Champalimaud, Lda. -c- Portugal 37722/97; [2000] ECHR 678; [2000] ECHR 687 21 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Franchina -c- Italie 46529/99; [2000] ECHR 674; [2000] ECHR 683 21 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â F.S. -c- Italie 44471/98; [2000] ECHR 673; [2000] ECHR 682 21 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Catania Et Zuppelli -c- Italie 45075/98; [2000] ECHR 670; [2000] ECHR 679 21 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â BÃœYÃœKdag -c- Turquie 28340/95; [2000] ECHR 669; [2000] ECHR 678 21 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Murru -c- Italie (NÂ° 2) 45091/98; [2000] ECHR 679; [2000] ECHR 688 21 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Varey -v- The United Kingdom [2000] ECHR 683; 26662/95 21 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] Â Wettstein -v- Switzerland 33958/96; [2000] ECHR 686; [2000] ECHR 695 21 Dec 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Costs and expenses partial award - Convention proceedings; Costs and expenses partial award - national proceedings 1 Citers [ Bailii ] - [ Bailii ] Â Kliniecki -v- Poland 31387/96; [2000] ECHR 677; 31387/96; [2000] ECHR 686 21 Dec 2000 ECHR Mr G. Ress, President, Mr A. Pastor Ridruejo, Mr L. Caflisch, Mr J. Makarczyk, Mr V. Butkevych, Mrs N. Vajic, Mr M. Pellonpää Human Rights The applicant had been accused of fraud in Poland. After conviction he appealed and eventually succeeded. The government offered a friendly settlement which was accepted by the defendant. [ Bailii ] - [ Bailii ] Â Murru -c- Italie (NÂ° 3) 45095/98; [2000] ECHR 680; [2000] ECHR 689 21 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Croke -v- Ireland [2000] ECHR 671; 33267/96; [2000] ECHR 680 21 Dec 2000 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Â In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading -v- Proprietary Association of Great Britain and Proprietary Articles Trade Association; CA 21-Dec-2000 - Times, 02 February 2001; [2001] ICR 564; [2001] 1 WLR 700; [2000] EWCA Civ 350; [2000] All ER (D) 2425 Â Jablonski -v- Poland [2000] ECHR 676; 33492/96; [2000] ECHR 685 21 Dec 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Wasilewski -v- Poland [2000] ECHR 685; 32734/96; [2000] ECHR 694 21 Dec 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Â Regina -v- Canterbury Crown Court ex parte Regentford Ltd; Admn 21-Dec-2000 - Times, 06 February 2001; [2000] EWHC Admin 440 Â Nadeem Akhtar Saifi -v- Governor of Brixton Prison and Union of India Times, 24 January 2001; [2000] EWHC Admin 437; [2000] EWHC QB 33; [2001] 1 WLR 1134 21 Dec 2000 Admn Rose LJ and Newman J Extradition, Human Rights The applicant for habeas corpus resisted extradition to India on the ground, among others, that the prosecution relied on a statement obtained by torture and since retracted. Held: the court accepted the magistrate's judgment that fairness did not call for exclusion of the statement, but was clear that the common law and domestic statute law (s78 of the 1984 Act) gave effect to the intent of article 15 of the International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984. Where evidence was brought in the form of a translation into English, it was not admissible under the Extradition Act unless it was in a language capable of being understood by the witness giving that primary evidence. The witness had given his evidence in Hindi, and it had been translated, as he spoke, into English, and he had then being asked to sign the translation. That statement was not admissible. The actual words used by the witness were no longer available for challenge. The concept of the burden of proof had no application in the circumstances of challenging the effect on fairness of admitting the statement. When a court was asked to determine whether an accusation was in good faith, that question went not to the issue of the extradition proceedings themselves, but as to the accusation by the prosecution witness and the charge. Extradition Act 1989 11(3) 27(1) - Police and Criminal Evidence Act 1984 78 - International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (1990, Cm 1775) 15 1 Citers [ Bailii ] - [ Bailii ] Â Heaney and McGuinness -v- Ireland [2000] ECHR 675; 34720/97; (2000) 33 EHRR 264; [2000] ECHR 684 21 Dec 2000 ECHR Human Rights Hudoc The claimants challenged anti-terrorist legislation introduced by the respondent. They complained that it violated the article 6(1) right of the applicants to remain silent and not incriminate themselves, and also to violate the presumption of innocence guaranteed by article 6(2) because of the close link, in this context, between it and the rights guaranteed by article 6(1). Held: The Court rejected the Irish Government's contention that the enactment in question was justified by its security and public order concerns since the enactment extinguished the very essence of the applicants' rights to silence and against self-incrimination. European Convention on Human Rights 6(1) 1 Citers [ Bailii ] - [ Bailii ] Â Quinn -v- Ireland [2000] ECHR 681; 36887/97; [2000] ECHR 690; [2009] ECHR 2247 21 Dec 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 6-2; No separate issue under Art. 10; Costs and expenses partial award - domestic proceedings; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] Â Vodenicarov -v- Slovakia [2000] ECHR 684; 24530/94; [2000] ECHR 693; [2011] ECHR 1677 21 Dec 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion); Violation of Art. 5-4; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award [ Bailii ] - [ Bailii ] - [ Bailii ] Â Egmez -v- Cyprus 30873/96; [2000] ECHR 672; [2000] ECHR 681 21 Dec 2000 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; No violation of Art. 5-1; No violation of Art. 5-2; No violation of Art. 5-3; No violation of Art. 5-4; Violation of Art. 13; No separate issue under Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ Bailii ] - [ Bailii ] Â Â Douglas, Zeta Jones, Northern & Shell Plc -v- Hello! Limited (No 1); CA 21-Dec-2000 - Times, 16 January 2001; [2000] EWCA Civ 353; [2001] QB 967; [2001] 2 WLR 992; [2001] EMLR 9; [2001] FSR 40; [2001] 1 FLR 982; 9 BHRC 543; [2001] UKHRR 223; [2001] HRLR 26; [2001] 2 All ER 289; [2002] 1 FCR 289 Â Rinzivillo -c- Italie 31543/96; [2000] ECHR 682; [2000] ECHR 691 21 Dec 2000 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â
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