

Links: Home \| swarblaw - law discussions		swarb.co.uk - law index These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â
		Human Rights - From: 2004 To: 2004 This page lists 1079 cases, and was prepared on 28 July 2015. Â Â HL -v- United Kingdom; ECHR 2004 - 45508/99; (2004) 40 EHRR 761; [2004] ECHR 720 Â BB -v- United Kingdom (2004) 39 EHRR 635 2004 EDHR Human Rights, Damages If the evidence showed an egregious and deliberate abuse of power by a public officer the Strasbourg court may award compensation for non-pecuniary loss even though its practice is not to award exemplary damages. 1 Citers Â SC -v- United Kingdon [2004] 40 EHRR 10 2004 ECHR Human Rights, Criminal Practice SC when aged 11 was charged with attempted robbery. He had previous convictions, and was committed to the crown court for trial. He applied to stay the proceedings as an abuse of process on account of limited intellectual capacity, and inability effectively to take part in a trial. It was not said that he was unfit to plead, but that a crown court trial would be a breach of his Article 6 Convention rights. He was tried and convicted; his appeal to the Court of Appeal (Criminal Division) failed. Held: SC's Article 6 rights had been breached if he had been unable effectively to participate in his trial. The Court described 'effective participation' in a trial: "However, "effective participation" in this context presupposes that the accused has a broad understanding of the nature of the trial process and of what is at stake for him or her, including the significance of any penalty which may be imposed. It means that he or she, if necessary with the assistance of, for example, an interpreter, lawyer, social worker or friend, should be able to understand the general thrust of what is said in court. The defendant should be able to follow what is said by the prosecution witness and, if represented, to explain to his own lawyers his version of events, point out any statements with which he disagrees and make them aware of any facts which should be put forward in his defence." European Convention on Human Rights 6 1 Citers Â Pini and others -v- Romania (2004) 40 EHRR 312 2004 ECHR Human Rights, Children 1 Citers Â Cronin -v- The United Kingdom 15848/03; [2004] ECHR 736 6 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Rouille -c- France 50268/99; [2004] ECHR 2; [2004] ECHR 2 6 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Balikci -v- Turkey 26481/95; [2004] ECHR 1; [2004] ECHR 1 6 Jan 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Colak And Filizer -v- Turkey 32578/96; [2004] ECHR 5 8 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Guclu Et Autres -c- Turquie 42670/98; [2004] ECHR 6; [2004] ECHR 6 8 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ayder and Others -v- Turkey 23656/94 8 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel, exhaustion of domestic remedies) ; Violation of Art. 3 with regard to inhuman treatment ; Not necessary to examine Art. 3 with regard to inhuman punishment ; Violation of Art. 8 and P1-1 ; Violation of Art. 13 ; Not necessary to examine Art. 18 ; Not necessary to examine existence of a practice adopted by the authorities ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Sadik Onder -v- Turkey 28520/95 8 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Becerikli Et Altekin -c- Turquie 57562/00; [2004] ECHR 4; [2004] ECHR 4 8 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Toprak -c- Turquie 57561/00; [2004] ECHR 10; [2004] ECHR 10 8 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Colak and Filizer -v- Turkey 32578/96; 32579/96 8 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Colak And Filizer -v- Turkey 32578/96;32579/96; [2004] ECHR 5 8 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Panek -v- Poland 38663/97 8 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Voggenreiter -c- Allemagne 47169/99; [2004] ECHR 11; [2004] ECHR 11 8 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ilkay -c- Turquie 42786/98; [2004] ECHR 7; [2004] ECHR 7 8 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â A -v- Finland 44998/98 - HEDEC; [2004] ECHR 735 8 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Ayder and Others -v- Turkey 23656/94; [2004] ECHR 3; [2004] ECHR 3 8 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel, exhaustion of domestic remedies) ; Violation of Art. 3 with regard to inhuman treatment ; Not necessary to examine Art. 3 with regard to inhuman punishment ; Violation of Art. 8 and P1-1 ; Violation of Art. 13 ; Not necessary to examine Art. 18 ; Not necessary to examine existence of a practice adopted by the authorities ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Sadik Onder -v- Turkey 28520/95; [2004] ECHR 9; [2004] ECHR 9 8 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Colak and Filizer -v- Turkey 32578/96 ; 32579/96 8 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Panek -v- Poland 38663/97; [2004] ECHR 8; [2004] ECHR 8 8 Jan 2004 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 Nemeth -v- Hungary 60037/00; [2004] ECHR 14; [2004] ECHR 14 13 Jan 2004 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 Owens -v- The United Kingdom 61036/00; [2004] ECHR 15; [2004] ECHR 15 13 Jan 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Haas -v- The Netherlands 36983/97; [2004] ECHR 13; [2004] ECHR 13 13 Jan 2004 ECHR Human Rights Hudoc No violation of Arts. 8, 13 and 14 [ Bailii ] - [ Bailii ] Â Haas -v- The Netherlands 36983/97 13 Jan 2004 ECHR Human Rights Hudoc No violation of Arts. 8, 13 and 14 Â Grela -v- Poland 73003/01; [2004] ECHR 12; [2004] ECHR 12 13 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine P1-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Nemeth -v- Hungary 60037/00 13 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Hammond -v- Director of Public Prosecutions [2004] EWHC 69 (Admin) 13 Jan 2004 Admn May LJ, Harrison J Crime, Human Rights The defendant, who had since died, had been convicted of a public order offence in that standing in a street he had displayed a range of placards opposing homosexuality. He appealed saying that the finding was an unwarranted infringement of his article 9 and article 10 rights, and that the words used were not in fact insulting. Held: The appeal failed. Any restriction on his rights of free expression were compatible with article 10. The justices had however brought all the relevant considerations into play.They had found as a fact that the words were insulting, andthat finding was not so far outisde what might properly be concluded to allow its setting aside. The words were shprt and not intemperate. They did however associate homosexuality with immorality. Public Order Act 1986 5 - European Convention on Human Rights 9 10 1 Cites 1 Citers [ Bailii ] Â Taveirne and Others -v- Belgium 41290/98; [2004] ECHR 23; [2004] ECHR 23 15 Jan 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Erolan Et Autres -c- Turquie 56021/00; [2004] ECHR 17; [2004] ECHR 17 15 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tekdag -v- Turkey 27699/95; [2004] ECHR 24; [2004] ECHR 24 15 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Hidir Ozdemir -c- Turquie 46952/99; [2004] ECHR 18; [2004] ECHR 18 15 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Icoz -c- Turquie 54919/00; [2004] ECHR 19; [2004] ECHR 19 15 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Matencio -c- France 58749/00; [2004] ECHR 20; [2004] ECHR 20 15 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Metin Polat Et Autres -c- Turquie 48065/99; [2004] ECHR 21; [2004] ECHR 21 15 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sakkopoulos -c- Grece 61828/00; [2004] ECHR 22; [2004] ECHR 22 15 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yagtzilar Et Autres -c- Grece 41727/98; [2004] ECHR 25; [2001] ECHR 799; [2001] ECHR 808; [2004] ECHR 25 15 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Cinar -c- Turquie 48155/99; [2004] ECHR 16; [2004] ECHR 16 15 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lindberg -v- Sweden 48198/99 - HEDEC; [2004] ECHR 737 15 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Tekdag -v- Turkey 27699/95 15 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2 as regards alleged abduction and killing ; Violation of Art. 2 with ragard to lack of an effective investigation ; No violation of Art. 3 ; No violation of Art. 5 ; Violation of Art. 13 ; No violation of Art. 14 ; No violation of Art. 18 ; Failure to fulfil obligations under Art. 38-1-a ; No violation of Art. 34 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â G K -v- Poland 38816/97 20 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; No violation of Art. 6-1 ; Violation of Art. 8 ; Not necessary to examine Art. 34 ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention porceedings Â D P -v- Poland 34221/96; [2004] ECHR 26 20 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art.5-1 ; Violation of Art. 5-3 ; No violation of Art. 34 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Worldlii ] - [ Bailii ] Â Ashworth -v- United Kingdom Unreported, 20 January 2004 20 Jan 2004 ECHR Human Rights The responsibility of the state under article 8(1) may be engaged where an applicant is directly and seriously affected by noise pollution, even where the nuisance emanated from the activities of private individuals. Europoean Convention on Human Rights 8(1) 1 Citers Â McCaughey and Another, Re Application for Judicial Review [2004] NIQB 2 20 Jan 2004 QBNI Weatherup J Northern Ireland, Coroners, Human Rights 1 Citers [ Bailii ] Â Lovasz -v- Hungary 62730/00 20 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award Â Earl -v- Hungary 59562/00 20 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Konig -v- Slovakia 39753/98 20 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings Â D P -v- Poland 34221/96 20 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art.5-1 ; Violation of Art. 5-3 ; No violation of Art. 34 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Konig -v- Slovakia 39753/98; [2004] ECHR 30 20 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Â Kangasluoma -v- Finland; ECHR 20-Jan-2004 - 48339/99; [2004] ECHR 29 Â Meho And Others -v- The Netherlands 76749/01; [2004] ECHR 738 20 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Earl -v- Hungary 59562/00; [2004] ECHR 27 20 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Worldlii ] - [ Bailii ] Â G K -v- Poland 38816/97; [2004] ECHR 28; [2004] ECHR 28 20 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; No violation of Art. 6-1 ; Violation of Art. 8 ; Not necessary to examine Art. 34 ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention porceedings [ Bailii ] - [ Bailii ] Â Lovasz -v- Hungary 62730/00; [2004] ECHR 31; [2004] ECHR 31 20 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Regina (Konan) -v- Secretary of State for the Home Department [2004] EWHC 22 (Admin) 21 Jan 2004 Admn The Honourable Mr Justice Collins Immigration, Torts - Other, Human Rights Collins J said: "Since the detention at least since 24 June 2002 was contrary to the defendant's own policy as published in Chapter 38, it was unlawful. In so deciding, I am applying the decision of the Court of Appeal in Nadarajah. I do not therefore have to consider the question of proportionality." 1 Cites 1 Citers [ Bailii ] Â Lough and others -v- First Secretary of State [2004] EWHC 23 Admin 21 Jan 2004 Admn The Honourable Mr Justice Collins Planning, Human Rights The claimants challenged the grant of planning permission for neighbouring land. Town and Country Planning Act 1990 54A 1 Cites 1 Citers [ Bailii ] Â Ozertikoglu -c- Turquie 48438/99; [2004] ECHR 40; [2004] ECHR 40 22 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kircan -c- Turquie 48062/99; [2004] ECHR 38; [2004] ECHR 38 22 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Jalaliaghdam -c- Turquie 47340/99; [2004] ECHR 37; [2004] ECHR 37 22 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gianturco -v- Italy 40672/98 ; 40680/98 ; 406 22 Jan 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) 40672/98 ; 40680/98 ; 40681/98 ; 40884/98 Â Irfan Kaya -c- Turquie 44054/98; [2004] ECHR 35; [2004] ECHR 35 22 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Guven Et Autres -c- Turquie 40528/98; [2004] ECHR 34; [2004] ECHR 34 22 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gianturco -v- Italy 40672/98; [2004] ECHR 33 22 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Sekin Et Autres -c- Turquie 26518/95; [2004] ECHR 41; [2004] ECHR 41 22 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Alge -v- Austria 38185/97; [2004] ECHR 32; [2004] ECHR 32 22 Jan 2004 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 - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Jahn And Others -v- Germany 46720/99; 72203/01; 46720/99; [2004] ECHR 36 22 Jan 2004 ECHR Human Rights Hudoc Violation of P1-1 ; Not necessary to examine Art. 14 + P1-1 ; Just satisfaction reserved 46720/99 ; 72203/01 ; 72552/01 European Convention on Human Rights 1 Citers [ Bailii ] Â Â Regina -v- Connor and another; Regina -v- Mirza; HL 22-Jan-2004 - [2004] UKHL 2; Times, 23 January 2004; [2004] 2 WLR 201; [2004] 1 AC 1118; [2004] HRLR 11; 16 BHRC 279; [2004] 2 Cr App R 8; [2004] 1 All ER 925 Â Gianturco -v- Italy 40672/98;40680/98;40681/98;...; [2004] ECHR 33 22 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Jahn And Others -v- Germany 46720/99;72203/01;72552/01; [2004] ECHR 36 22 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Korkmaz -v- Turkey 50903/99; [2004] ECHR 39; [2004] ECHR 39 22 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 concerning independence and impartiality ; Not necessary to examine Art. 6 regarding the fairness of the proceedings ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Gianturco -v- Italy 40672/98 ; 40680/98 ; 406 22 Jan 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) 40672/98 ; 40680/98 ; 40681/98 ; 40884/98 Â Alge -v- Austria 38185/97 22 Jan 2004 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 - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Regina (X) -v- Chief Constable of West Midlands Police Times, 02 February 2004; [2004] 1 WLR 1518; [2004] EWHC 61 (Admin); [2004] 2 All ER 1 23 Jan 2004 QBD Wall J Police, Human Rights The claimant, a social worker, had been accused of two offences of indecency with children, but the complainants had failed to identify him. The respondent later disclosed those allegations when called upon to provide an enhanced criminal record certificate. The claimant made complaint. Held: The Act gave the respondent a discretion, but did nothing to disapply any common law duty of fairness. A disclosure would be an interference with the claimant's right to respect for his private life, and must therefore be necessary and proportionate. No opportunity had been given for him to make representations, and in this case it had not been procedurally fair. Wall J said: "In my view, the guiding principles for the exercise of the power to disclose in the present case are those enunciated in R v Chief Constable of the North Wales Police, Ex p 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. Police Act 1997 115(7) 1 Cites 1 Citers [ Bailii ] Â Zardasht, Regina (on the Application Of) -v- Secretary of State for Home Department [2004] EWHC 91 (Admin) 23 Jan 2004 Admn Newman J Immigration, Human Rights The court asked whether the evidence showed that the threshold of severity had been reached to turn the treatment of the applicant into an infringement of his human right not to suffer inhuman or degrading treatment. Having entered the UK with a view to applying for asylum, his application was delayed, and was at the same time both not allowed to work, and refused any kind of support. Held: The court emphasised the need for claimants' solicitors in such applications to provide detail of the conditions suffered by their cients. Whether the treatment wa sinfringing depended upon those details. "the majority of asylum seekers are likely to share all, and if not all the majority, of the following circumstances: (1) having no home, (2) having no source of income, (3) having few or no possessions, (4) having little or no money, (5) being total strangers to the United Kingdom, (6) having little or no command of the English language, (7) being lonely, disorientated and anxious about their position and their welfare and/or (8) being vulnerable to bad elements present in society. That list is not intended to be comprehensive, there are no doubt other common factors which regularly come into play. The extent to which these circumstances are shown to affect an individual claimant, will be central to the question whether the threshold of severity has been reached." Nationality, Immigration and Asylum Act 2002 55(2) 1 Citers [ Bailii ] Â H A L -v- Finland 38267/97 27 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â H A L -v- Finland 38267/97; [2004] ECHR 42; [2004] ECHR 42; [2009] ECHR 1754 27 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] Â In re G (a Child) (Interim Care order: Residential assessment) Times, 29 January 2004; Gazette, 04 March 2004; [2004] 1 FLR 876; [2004] EWCA Civ 24 27 Jan 2004 CA Elizabeth Butler-Sloss President, Thorpe, Latham LJJ Children, Human Rights An elder child had died, and the local authority felt unable to exculpate either the father or the mother. On the birth of this child all three had been brought in for a residential assessment. First one then another extension was sought. The court found that this service had become therapeutic rather than for assessment, and said it had no standing to order and extension. The authority amended its care plan for the child to live with the grandparents. Held: The correct approach was rather as in In re C, not In re M. "The essential question should always be, can what is sought be broadly classified as an assessment to enable the court to obtain the information necessary for its own decision?" The judge did have standing to extend the assessment. It was still directed to providing the court with material on which it might make a decision. In this case the psychotherapeutic involvement was an essential part of the assessment. The authority had not substantiated its claims as to lack of funding, and had given the family no opportunity to challenge its decision. Children Act 1989 38(6) - Human Rights Act 1998 1 Cites 1 Citers [ Bailii ] Â Kyprianou -v- Cyprus 73797/01; [2004] ECHR 43; [2005] ECHR 873; [2004] ECHR 43; [2005] ECHR 873 27 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 6-2 ; Violation of Art. 6-3-a ; Not necessary to examine Art. 10 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings The complaint was as to the independence and impartiality of the first instance court. Held: The defect was not remedied by review of the decision by the Supreme Court: "There was no retrial of the case by the Supreme Court. As a court of appeal, the Supreme Court did not have full competence to deal de novo with the case, but could only review the first instance judgment for possible legal or manifest factual errors. It did not carry out an ab initio, independent determination of the criminal charge against the applicant for contempt of the Assize Court. Furthermore, the Supreme Court found that it could not interfere with the judgment of the Assize Court, accepting that that court had a margin of appreciation in imposing a sentence on the applicant." 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Richards, Regina (on the Application Of) -v- Secretary of State for the Home Department [2004] EWHC 93 (Admin) 28 Jan 2004 Admn Human Rights, Torts - Other European Convention on Human Rights 5.5 [ Bailii ] Â Sorrentino Prota -v- Italy 40465/98 29 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of P1-1 with regard to one set of proceedings ; No violation of Art. 6-1 with regard to one set of proceedings ; Violation of P1-1 with regard to other proceedings ; Violation of Art. 6-1 with regard to other proceedings ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings Â Goncalves Ferrao Caboz Santana -c- Portugal 55165/00; [2004] ECHR 46; [2004] ECHR 46 29 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Halil Dogan -c- Turquie 49503/99; [2004] ECHR 47; [2004] ECHR 47 29 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kalyoncugil Et Autres -c- Turquie 57939/00; [2004] ECHR 48; [2004] ECHR 48 29 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tahir Duran -c- Turquie 40997/98; [2004] ECHR 50; [2004] ECHR 51 29 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Terzis -c- Grece 64417/01; [2004] ECHR 51; [2004] ECHR 52 29 Jan 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Hindawi and Another -v- Secretary of State for the Home Department Times, 05 February 2004; [2004] EWHC 78 (Admin) 29 Jan 2004 Admn McCombe J Criminal Sentencing, Prisons, Human Rights The prisoner was subject to a long term of imprisonment, and also to a deportation order which was to take effect upon his release. He complained that, because of the latter, he had not been considered for parole, and that this was discriminatiry. Held: The difference in treatment occurred because of the nationality of the prisoner. Such a decision in respect of French nationals would be discriminatory. It was not for the court to speculate as to the reasons for the policy, but it was discriminatory and unlawful. Criminal Justice Act 1991 31 - European Convention on Human Rights 14 1 Citers [ Bailii ] Â Carnasciali -v- Italy 66754/01; [2004] ECHR 45; [2004] ECHR 45 29 Jan 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Kormacheva -v- Russia 53084/99 29 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Sorrentino Prota -v- Italy 40465/98; [2004] ECHR 49; [2004] ECHR 50 29 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of P1-1 with regard to one set of proceedings ; No violation of Art. 6-1 with regard to one set of proceedings ; Violation of P1-1 with regard to other proceedings ; Violation of Art. 6-1 with regard to other proceedings ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings [ Bailii ] - [ Bailii ] Â Kormacheva -v- Russia 53084/99; [2004] ECHR 49 29 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] Â Bellini -v- Italy 64258/01; [2004] ECHR 44; [2004] ECHR 44 29 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; 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 George Worme Grenada Today Limited -v- The Commissioner of Police [2004] UKPC 8; Times, 05 February 2004; Gazette, 04 March 2004 29 Jan 2004 PC Lord Bingham of Cornhill, Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe Commonwealth, Human Rights, Constitutional PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed. Held: The appeal was dismissed. The onus of proof remained, correctly, on the prosecution to prove that the libel was false. The prosecution also had to show that the publication was not for the public benefit. The protection of public reputation is important, and it was not conducive to the public good for the reputation of public figures to be debased falsely. The availability of a civil remedy did not show that a criminal remedy was unnecessary. There was a reasonable requirement for the offence, and the offence as set down did not go further than necessary. Grenada Constitution Order 1973 1 Cites [ Bailii ] - [ PC ] Â Carnasciali -v- Italy 66754/01 29 Jan 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Bellini -v- Italy 64258/01 29 Jan 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; 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 Â Â Shaws (EAL) Ltd -v- Pennycook; CA 2-Feb-2004 - [2004] EWCA Civ 100; Times, 20 February 2004; Gazette, 18 March 2004; [2004] 2 All ER 665; [2004] Ch 296; [2004] L & TR 34; [2004] 2 WLR 1331; [2004] 2 EGLR 55; [2004] 18 EG 102 Â Crochard Et Six Autres -c- France 68255/01; [2004] ECHR 52; [2011] ECHR 1258 3 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Crochard And Six Others -v- France 68255/01;68256/01;68257/01;...; [2004] ECHR 53 3 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Laukkanen and Manninen -v- Finland 50230/99 3 Feb 2004 ECHR Human Rights Hudoc No violation of Art. 6-1+6-3-d Â Menher -c- France 60546/00; [2004] ECHR 54; [2004] ECHR 55 3 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina -v- Hundal; Regina -v- Dhallwal Times, 13 February 2004; [2004] EWCA Crim 389 3 Feb 2004 CACD Crime, Human Rights The defendants had been discovered whilst attempting illegal entry to the UK. On being searched, papers were found which revealed that they were members of a banned Islamist group. They appealed convictions for being members. Held: The fact that they had done no acts as members here, and were members of a foreign branch, did not affect the commission of the offence. The offence consisted of being in this country and being a member of a proscribed organisation at the same time. The offence was not extra territorial, since it was not committed until the accused set foot here. There was no self incrimination by being made the subject of an obligatory search. In the circumstancs however the sentences were excessive and reduced to 12 months. Terrorism Act 2000 11(1) 1 Cites 1 Citers Â Laukkanen and Manninen -v- Finland 50230/99; [2004] ECHR 53; [2004] ECHR 54 3 Feb 2004 ECHR Human Rights Hudoc No violation of Art. 6-1+6-3-d [ Bailii ] - [ Bailii ] Â Moufflet -c- France 53988/00; [2004] ECHR 55; [2004] ECHR 56 3 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina (Limbuela) -v- Secretary of State for the Home Department Times, 09 February 2004; [2004] EWHC 219 (Admin) 4 Feb 2004 QBD Collins J Human Rights, Benefits, Immigration The claimant had sought asylum on the day after arrival, and had therefore been refused any assistance beyond the provision of a list of charities who might assist. His lawyers were unable to secure either shelter or maintenance, and he had been left to sleep rough outside a police station. Held: The treatment amounted to inhuman or degrading treatment under the Convention. The threshold was high. The court had to consider just what 'treatment' had been given. Here the claimant was left without shelter or money, and he already had health problems, and might be expected to suffer psychiatric problems if the treatment continued. The only alternative left to him was crime or begging. European Convention on Human Rights 8 - Nationality, Immigration and Asylum Act 2002 55 1 Cites 1 Citers [ Bailii ] Â In re V (a Child) (Care proceedings: Human Rights Claims) Times, 17 February 2004; Gazette, 18 March 2004; [2004] EWCA Civ 54; [2004] 1 WLR 1433 4 Feb 2004 CA Tuckey, Ward LJJ Human Rights, Children In a hearing where the threshold standard was at issue, a party challenged the compliance with Human Rights law of the 1989 Act. The court adjourned the case for transfer to the High Court. Held: The correct court to hear such suggestions was the court seized of the case, and it should not be transferred. A transfer must bring additional delay. The court had to balance the need to respect family life and the rights of the child. The result had to be proportionate and best in the interests of the child. Children Act 1989 41 1 Cites 1 Citers [ Bailii ] Â Wintersberger -v- Austria 57448/00 5 Feb 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Weil -c- France 49843/99; [2004] ECHR 62; [2004] ECHR 63 5 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Parisi &Amp; 3 Autres -c- Italie 39884/98; [2004] ECHR 61; [2004] ECHR 62 5 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Litoselitis -c- Grece 62771/00; [2004] ECHR 58; [2004] ECHR 59 5 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Morscher -v- Austria 54039/00 5 Feb 2004 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 - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Kosmopoulou -v- Greece 60457/00; [2004] 1 FCR 427; [2004] ECHR 57; [2004] ECHR 58 5 Feb 2004 ECHR Children, Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings "the mutual enjoyment by parent and child of each other's company constitutes a fundamental element of family life, even if the relationship between the parents has broken down, and domestic measures hindering such enjoyment amount to an interference with the right protected by Article 8 of the Convention." and "In examining whether the non-enforcement of the access arrangements amounted to a lack of respect for the applicant's family life the Court must strike a balance between the various interests involved, namely the interests of the applicant's daughter, those of the applicant herself and the general interest in ensuring respect for the rule of law." European Convention on Human Rights 8 1 Citers [ Bailii ] - [ Bailii ] Â Papathanasiou -v- Greece 62770/00; [2004] ECHR 60; [2004] ECHR 61 5 Feb 2004 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Dirnberger -v- Austria 39205/98; [2004] ECHR 56; [2004] ECHR 57 5 Feb 2004 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 Dirnberger -v- Austria 39205/98 5 Feb 2004 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 Â Wintersberger -v- Austria 57448/00; [2004] ECHR 63; [2004] ECHR 64 5 Feb 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Worldlii ] - [ Bailii ] Â Morscher -v- Austria 54039/00; [2004] ECHR 59; [2004] ECHR 60 5 Feb 2004 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 - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Trailer and Marina (Leven) Limited -v- The Secretary of State for the Environment, Food and Rural Affairs, English Nature [2004] EWHC 153 (Admin); Times, 19 February 2004 6 Feb 2004 QBD The Honourable Mr Justice Ouseley Land, Human Rights The claimant owned land which contained a canal. After disuse it had become subject an order declaring it a site of special scientific intrest. The owner complained that this removed his right to develop uses of the land and infringed his human rights. Held: The procedures did allow some development subject to controls. It was not right to view environmental protections as of lesser importance than other social values: "nature conservation interests and SSSIs are an important aspect of what can be seen as social policy." The legislation and arrangemnts for compensation were compliant. Wildlife and Countryside Act 1981 29 30 31 32 1 Cites 1 Citers [ Bailii ] Â Gennadiy Naumenko -c- Ukraine 42023/98; [2004] ECHR 67; [2004] ECHR 68 10 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Suciu -c- Roumanie 49009/99; [2004] ECHR 69; [2004] ECHR 70 10 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Depiets -c- France 53971/00; [2004] ECHR 66; [2004] ECHR 67 10 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Carnduff -v- The United Kingdom; ECHR 10-Feb-2004 - 18905/02; [2004] ECHR 731 Â Webb -v- The United Kingdom 56054/00; Unreported, 10 February 2004 10 Feb 2004 ECHR Human Rights, Criminal Evidence The Court rejected the applicant's contention that the proceedings involved a "criminal charge" and resulted in the imposition of a penalty or punishment. The forfeiture was preventative and not a penal sanction. Accordingly it was permissible that, pursuant to section 43(3), the standard of proof required to justify forfeiture was that applicable to civil proceedings. Drug Trafficking Act 1994 43(3) 1 Citers Â Coudrier -c- France 51442/99; [2004] ECHR 65; [2004] ECHR 66 10 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Puhk -v- Estonia 55103/00 10 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 7-1 with regard to first law ; Violation of Art. 7-1 with regard to second law ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award - domestic proceedings ; Costs and expenses award - Convention proceedings Â Puhk -v- Estonia 55103/00; [2004] ECHR 69 10 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 7-1 with regard to first law ; Violation of Art. 7-1 with regard to second law ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award - domestic proceedings ; Costs and expenses award - Convention proceedings 1 Citers [ Bailii ] - [ Bailii ] Â B B -v- The United Kingdom 53760/00; Times, 18 February 2004; [2004] ECHR 64; [2004] ECHR 65 10 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 14+8 with regard to different treatment of homosexuals and heterosexuals ; Not necessary to examine Art. 14+8 with regard to alleged discrimination on basis of age ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings The complainant argued that the UK law providing different ages for consent for homosexual and heterosexual activity was discriminatory. He had been prosecuted after complaining of an assault by a youth with whom he had had consensual sex. The court noted that the prosecution was later dropped, and the law had been changed. [ Bailii ] - [ Bailii ] Â Morel -v- France (No 2) 43284/98; [2004] ECHR 70; [2004] ECHR 71 12 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (exhaustion) ; Violation of Art. 6-1 ; No violation of Art. 6-1 in conjunction with Art. 6-3-d ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Perez -v- France 47287/99; [2004] ECHR 71; [2004] ECHR 72 12 Feb 2004 ECHR Human Rights Hudoc Preliminary objection rejected (ratione materiae) ; No violation of Art. 6-1 [ Bailii ] - [ Bailii ] Â Perez -v- France 47287/99 12 Feb 2004 ECHR Human Rights Hudoc Preliminary objection rejected (ratione materiae) ; No violation of Art. 6-1 Â Frame -v- Grampian University Hospitals NHS Trust Times, 02 March 2004 14 Feb 2004 HCJ Marnoch, Macfadyen LL, Sir Gerald Gordon QC Scotland, Human Rights The defendant NHS trust objected as to the leading of certain evidence by the prosecutor, saying it infringed the right to a fair trial. Held: As a governmental body rather the Trust could not have human rights capable of being infringed, it did not qualify as a victim under the Act. The French version of the Convention clearly referred to physical individuals, and the alternative claimants under article 34 were mutually exclusive.There were three tests as to whether an organisation was a state one: Was it a decentralised authority exercising public functions; would its acts engage the state's responsibility under the Convention; and was it sufficiently independent of the State. In this case the establishment of the Trust was a decentralisation of the state's administration. Scotland Act 1998 100(1)(b) - European Convention on Human Rights 834 1 Cites Â Venkadajalasarma -v- The Netherlands 58510/00 17 Feb 2004 ECHR Human Rights Â Kaya Et Guven -c- Turquie 41540/98; [2004] ECHR 74; [2004] ECHR 75 17 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Maestri -v- Italy 39748/98 17 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 11 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Gorzelik and Others -v- Poland 44158/98; [2004] ECHR 72; [2001] ECHR 878; [2004] ECHR 73 17 Feb 2004 ECHR Human Rights 1 Cites [ Bailii ] - [ Bailii ] - [ Bailii ] Â Ipek -v- Turkey 25760/94 17 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 on account of presumed deaths ; Violation of Art. 2 on account of lack of effective investigation ; Violation of Art. 3 ; Violation of Art. 5 ; Violation of P1-1 ; Violation of Art. 13 ; No violation of Art. 14 ; No violation of Art. 18 ; Failure to fulfil obligations under Art. 38-1-a ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Kranz -v- Poland 6214/02 17 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Venkadajalasarma -v- The Netherlands 58510/00; [2004] ECHR 79; [2004] ECHR 80 17 Feb 2004 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Maestri -v- Italy 39748/98; [2004] ECHR 76; [2004] ECHR 77 17 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 11 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Ipek -v- Turkey 25760/94; [2004] ECHR 73; [2004] ECHR 74 17 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Thampibillai -v- The Netherlands 61350/00; [2004] ECHR 78; [2004] ECHR 79 17 Feb 2004 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Skowronski -v- Poland 52595/99; [2004] ECHR 77; [2004] ECHR 78 17 Feb 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Kranz -v- Poland 6214/02; [2004] ECHR 75; [2004] ECHR 76 17 Feb 2004 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 Skowronski -v- Poland 52595/99 17 Feb 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Thampibillai -v- The Netherlands 61350/00 17 Feb 2004 ECHR Human Rights Â Federation of Technological Industries and Others, Regina (on the Application Of) -v- Customs and Excise and Another [2004] EWHC 254 (Admin) 18 Feb 2004 Admn VAT, Human Rights 1 Citers [ Bailii ] Â Jorge Nina Jorge Et Autres -c- Portugal 52662/99; [2004] ECHR 80; [2004] ECHR 81 19 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yiarenios -c- Grece 64413/01; [2004] ECHR 83; [2004] ECHR 84 19 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Schluga -v- Austria 65665/01 ; 71879/01 ; 728 19 Feb 2004 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 (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings 65665/01 ; 71879/01 ; 72861/01 Â McGibbon and Corstorphine -v- Her Majesty's Advocate [2004] ScotHC 13; 2004 SCCR 193; 2004 JC 60 19 Feb 2004 HCJ Lord Johnston And Lord Justice Clerk And Lord Wheatley Scotland, Criminal Evidence, Police, Human Rights It was conceded that there had been a breach of article 8 in the obtaining of covert video and audio recordings of the appellants' incriminating conversations. Held: If there was a breach by the police of article 8, it did not follow that the evidence thereby obtained was inadmissible. Any breach of article 8 in the obtaining of the evidence was due to acts of the police, not the Lord Advocate. Lord Justice Clerk Gill said that the act that was relevant to section 57(2) of the Scotland Act 1998 was the act of the Lord Advocate in leading the evidence. Police Act 1997 - European Convention on Human Rights 6 8 - Scotland Act 1998 57(2) 1 Citers [ ScotC ] - [ Bailii ] Â Schluga -v- Austria 65665/01;71879/01;72861/01; [2004] ECHR 83 19 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Karademir V Turkey 30009/03; [2007] ECHR 435; [2008] ECHR 666 19 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Schluga -v- Austria 71879/01; 65665/01; [2004] ECHR 82 19 Feb 2004 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 (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings 65665/01 ; 71879/01 ; 72861/01 [ Bailii ] Â Martin -v- The United Kingdom 63608/00; [2004] ECHR 81; [2004] ECHR 82 19 Feb 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Laporte, Regina (on the Application of) -v- Gloucestershire Constabulary and others [2004] EWHC 253 (Admin); [2004] 1 All ER 874; Times, 26 February 2004 19 Feb 2004 Admn May LJ Police, Human Rights The court considered a claim for judicial review of a police officer's decision to turn back a number of coaches. Each coach contained passengers en route to join a demonstration at an RAF base in Gloucestershire, the officer honestly and reasonably believing that if the coaches were allowed to proceed, all or some of the passengers would cause breaches of the peace. May LJ confirmed the definition of breach of the peace together with the arrest powers for such a breach as follows: "There is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other unlawful disturbance. For such a breach of the peace when done in his presence, a constable or anyone else may arrest an offender without a warrant (see R v Howell [1981] 3 All ER 383 at 389; [1982] QB 416 at 427). A constable or an ordinary citizen has a power of arrest where there is 'reasonable apprehension of imminent danger of a breach of the peace'. This includes where the arrestor reasonably believes that a breach of the peace will be committed in the immediate future by the person arrested (see [1981] 3 All ER 383 at 388; [1982] QB 416 at 426)." 1 Cites 1 Citers [ Bailii ] Â Szuluk, Regina (on the Application of) -v- HM Prison Full Sutton [2004] EWHC 514 (Admin) 20 Feb 2004 Admn Prisons, Human Rights The prisoner was receiving long term health treatment, and objected that his correspondence with the doctor was being read. He was held as a category B prisoner but in a prison also holding category A prisoners, whose mail would be read. The prison settled upon a routine of the prison doctor reading the mail. Held: The case was truly exceptional, and the prison should revert to its initial policy which did not require a pre-reading of the correspondence. European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â Regina on the Application of Thompson -v- The Law Society [2004] EWCA Civ 167; Times, 01 April 2004; Gazette, 01 April 2004 20 Feb 2004 CA Lord Justice Clarke Lord Justice Kennedy Lord Justice Jacob Legal Professions, Human Rights The claimant complained at the disciplinary procedures of the Law Society. Held: A failure to hold a disciplinary hearing in public was not an infringement of the claimant's human rights. The two questions of whether there had been a determination of articlce 6 rights, and then whether there had been an infringement of them must not be separated artifiicially. Despite the professional consequences, the the decision to issue a reprimand did not become a determination of his civil rights. 1 Cites [ Bailii ] Â Kaszubski -v- Poland 35577/97; [2004] ECHR 85; [2004] ECHR 86 24 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Csepyova -v- Slovakia 67199/01 24 Feb 2004 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 Â Vodarenska Akciova Spolecnost, A. S. -c- Republique Tcheque 73577/01; [2004] ECHR 86; [2004] ECHR 87 24 Feb 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Csepyova -v- Slovakia 67199/01; [2004] ECHR 84; [2004] ECHR 85 24 Feb 2004 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 Kaszubski -v- Poland 35577/97 24 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award Â Gorgulu -v- Germany 74969/01 26 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to refusal of custody and access ; No violation of Art. 8 with regard to involvement in the proceedings ; No violation of Art. 6 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Â Nachova and Others -v- Bulgaria; ECHR 26-Feb-2004 - 43577/98; [2004] ECHR 89; 43579/98; [2004] ECHR 90; (2005) 19 BHRC 1 Â Cvijetic -v- Croatia 71549/01 26 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 8 ; Not necessary to examine P1-1 ; Pecuniary damage - financial award ; Costs and expenses award - Convention proceoedings Â Gorgulu -v- Germany 74969/01; [2004] ECHR 88; [2004] ECHR 89 26 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to refusal of custody and access ; No violation of Art. 8 with regard to involvement in the proceedings ; No violation of Art. 6 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Â Regina -v- Police Complaints Authority ex parte Green; HL 26-Feb-2004 - [2004] UKHL 6; Times, 27 February 2004; Gazette, 25 March 2004; [2004] 1 WLR 725; [2004] 2 All ER 209; [2004] HRLR 19; [2004] UKHRR 939 Â In re William Andrew Malcolm; William Andrew Malcolm -v- Benedict Mackenzie, Allied Dunbar Gazette, 01 April 2004; [2004] EWHC Ch 339 26 Feb 2004 ChD The Hon Mr Justice Lloyd Human Rights, Financial Services, Insolvency The bankrupt sought to protect his personal pension taken out before his bankruptcy. The bankruptcy was initiated by the Inland Revenue, and sought protection under Human Rights law. Held: The alleged infringement of the former bankrupt's rights had taken place before the coming into force of the Human Rights Act 1998, and he could therefore only rely on that Act if the retrospective provision of section 22(4) applied. That section would only have effect if the proceedings were instigated by a public authority. The proceedings here were begun by the trustee in bankruptcy. The bankrupt could not rely upon protection by the 1998 Act. Human Rights Act 1998 22(4) 1 Cites 1 Citers [ Bailii ] Â Cvijetic -v- Croatia 71549/01; [2004] ECHR 87; [2004] ECHR 88 26 Feb 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 8 ; Not necessary to examine P1-1 ; Pecuniary damage - financial award ; Costs and expenses award - Convention proceoedings [ Bailii ] - [ Bailii ] Â Favre -c- France 72313/01; [2004] ECHR 90; [2004] ECHR 91 2 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sabin Popescu -c- Roumanie 48102/99; [2004] ECHR 91; [2004] ECHR 92 2 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â C (a Child) -v- The Home Office and the Criminal Injuries Compensation Authority [2004] EWCA Civ 234; Times, 01 March 2004; Gazette, 01 April 2004 3 Mar 2004 CA Lord Justice Clarke Lord Justice Sedley Personal Injury, Costs, Human Rights The applicant child had incurred legal expenses in applying to the Authority for compensation. The claim was successful, but the applicant was unable to rcover the expenses, and now said that that refusal infringed his human rights, since he would otherwise be unable to pursue such an action. Held: The failure to pay legal expenses was an express part of the scheme. An application was a determination of the applicant's civil rights, but to say that a part of the compensation on account had to be expended to pursue the claim was not a denial of rights. There was no obligation on the scheme to provide for payment of expenses. [ Bailii ] Â Fossi and Mignolli -v- Italy 48171/99; [2004] ECHR 92; [2004] ECHR 93 4 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings [ Bailii ] - [ Bailii ] Â Pibernik -v- Croatia 75139/01; [2004] ECHR 95; [2004] ECHR 96 4 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 8 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Muzenjak -v- Croatia 73564/01; [2004] ECHR 94; [2004] ECHR 95 4 Mar 2004 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 Loffler -v- Austria (No 2) 72159/01; [2004] ECHR 93; [2004] ECHR 94 4 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Loffler -v- Austria (No. 2) 72159/01 4 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Muzenjak -v- Croatia 73564/01 4 Mar 2004 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 Â Silvester's Horeca Service -c- Belgique 47650/99; [2004] ECHR 96; [2004] ECHR 97; [2010] ECHR 2248 4 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Pibernik -v- Croatia 75139/01 4 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 8 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award Â Fossi and Mignolli -v- Italy 48171/99 4 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings Â Secretary of State for Work and Pensions -v- Kehoe [2004] EWCA Civ 225; Times, 10 March 2004; Gazette, 01 April 2004; [2004] QB 1378 5 Mar 2004 CA The Hon Mr Justice Latham Lord Justice Ward Lord Justice Keene Child Support, Human Rights The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act transferred to the Agency responsibility for making assessments for child maintenance. The right for the claimant to apply for judicial review would be an insufficient remedy. "To take away the jurisdiction of the court to determine what is essentially a class of civil action and entrust it to organs dependent on the Government is indissociable from a danger of arbitrary power, has serious consequences for the fundamental principles of law and so cannot be overlooked by the court." but "Her right to a fair trial is certainly restricted but not so restricted that the very essence of her right of access to the court is impaired." The judge had failed to consider whether the steps taken were proportional. Properly implemented, the Act would be a fair balance of rights. Human Rights Act 1998 6.1 - Child Support Act 1991 8 1 Cites 1 Citers [ Bailii ] Â Kacmar -v- Slovakia 40290/98; [2004] ECHR 104; [2004] ECHR 105 9 Mar 2004 ECHR Human Rights Hudoc Judgment (Just satisfaction) No violation of Art. 6-1 ; No violation of Art. 13 ; No violation of P1-1 [ Bailii ] - [ Bailii ] Â Pitkanen -v- Finland 30508/96 9 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 6-1 with regard to fairness ; Violation of Art. 6-1 with regard to length ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Csanadi -v- Hungary 55220/00 9 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - claim rejected Â Gerger -v- Turkey (No. 2) 42436/98 9 Mar 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Boztas Et Autres -c- Turquie 40299/98; [2004] ECHR 98; [2004] ECHR 99 9 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mirailles -c- France 63156/00; [2004] ECHR 105; [2004] ECHR 106 9 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Jablonska -v- Poland 60225/00 9 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected Â Jablonska -v- Poland 60225/00; [2004] ECHR 103; [2004] ECHR 104 9 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Abdullah Aydin -c- Turquie 42435/98; [2004] ECHR 97; [2004] ECHR 98 9 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pitkanen -v- Finland 30508/96; [2004] ECHR 106; [2004] ECHR 107 9 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Csanadi -v- Hungary 55220/00; [2004] ECHR 100; [2004] ECHR 101 9 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - claim rejected [ Bailii ] - [ Bailii ] Â Gerger -v- Turkey (No 2) 42436/98; [2004] ECHR 101; [2004] ECHR 102 9 Mar 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Caliskan -v- Turkey 32861/96; [2004] ECHR 99; [2004] ECHR 100 9 Mar 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) [ Bailii ] - [ Bailii ] Â Â Glass -v- The United Kingdom; ECHR 9-Mar-2004 - 61827/00; Times, 11 March 2004; [2004] 1 FLR 1019; [2004] ECHR 102; [2004] Lloyds Rep Med 76; [2004] ECHR 103; (2004) 39 EHRR 15; [2011] ECHR 1664; [2003] ECHR 719 Â Iorgov -v- Bulgaria 40653/98; [2004] ECHR 112; [2004] ECHR 113; [2010] ECHR 935 11 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Bouzalmad -c- Belgique 51083/99; [2004] ECHR 109; [2004] ECHR 110 11 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lenaerts -c- Belgique 50857/99; [2004] ECHR 113; [2004] ECHR 114 11 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lovens -c- Belgique 50858/99; [2004] ECHR 114; [2004] ECHR 115 11 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Manios -c- Grece 70626/01; [2004] ECHR 115; [2004] ECHR 116 11 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Quintarelli -c- Italie 67873/01; [2004] ECHR 119; [2004] ECHR 120 11 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Antonio Siena -v- Italy 65120/01 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Bellini -v- Italy (No. 2) 64098/00 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; 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 Â Pollifrone -v- Italy 60391/00 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; 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 Â Â Sacker, Regina (on the Application of) -v- Coroner for the County of West Yorkshire; HL 11-Mar-2004 - Times, 12 March 2004; [2004] UKHL 11; Gazette, 22 April 2004; [2004] Lloyds Rep Med 281; [2004] UKHRR 521; [2004] 2 All ER 487; (2004) 79 BMLR 40; [2004] 1 WLR 796 Â Â Middleton, Regina (on the Application of) -v- Coroner for the Western District of Somerset; HL 11-Mar-2004 - [2004] UKHL 10; Times, 12 March 2004; [2004] 2 AC 182; [2004] 2 WLR 800; [2004] UKHRR 501; [2004] 2 All ER 465; (2004) 79 BMLR 51; [2004] Lloyds Rep Med 288; [2004] 17 BHRC 49; (2004) 168 JPN 479; (2004) 168 JP 329 Â Â In re McKerr (Northern Ireland); HL 11-Mar-2004 - [2004] 1 WLR 807; Times, 12 March 2004; [2004] UKHL 12; Gazette, 01 April 2004; [2004] 2 All ER 409; [2004] UKHRR 385; [2004] NI 212; 17 BHRC 68; [2004] Lloyd's Rep Med 263; [2004] HRLR 26 Â Montanari -v- Italy 61995/00 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; 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 Â Picone -v- Italy 59273/00; [2004] ECHR 117; [2004] ECHR 118 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award [ Bailii ] - [ Bailii ] Â Pollifrone -v- Italy 60391/00; [2004] ECHR 118; [2004] ECHR 119 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; 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 Rossi Et Naldini -c- Italie 31011/96; [2004] ECHR 120; [2004] ECHR 121 11 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Picone -v- Italy 59273/00 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award Â G.B. -v- Bulgaria 42346/98 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Â Â Antonio Siena -v- Italy; ECHR 11-Mar-2004 - 65120/01; [2004] ECHR 107; [2004] ECHR 108 Â Calvo -v- Italy 59636/00; [2004] ECHR 110; [2004] ECHR 111 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings [ Bailii ] - [ Bailii ] Â G.B. -v- Bulgaria 42346/98; [2004] ECHR 111; [2004] ECHR 112 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Montanari -v- Italy 61995/00; [2004] ECHR 116; [2004] ECHR 117 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; 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 Bellini -v- Italy (No. 2) 64098/00; [2004] ECHR 108; [2004] ECHR 109 11 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; 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 Mohamed Moneim Al-Fayed for Judicial Review of A Decision of the Lord Advocate To Refuse To Instruct A Public Inquiry Into the Death of Emad Al-Fayed [2003] ScotCS 66 12 Mar 2004 OHCS Lord Drummond Young Scotland, Human Rights, Jurisdiction The claimant sought judicial review of the minister's decision not to order a judicial public investigation of the death of his son in a car crash in Paris. Held: The primary obligation to undertake an enquiry fell upon France. The obligation of the respondent to instigate an inquiry applied only where the death occurred within the jurisdiction and where there was proper evidence that the death was violent: '"jurisdiction" in article 1 of the Convention is to be understood in a territorial sense. Thus the responsibility of a High Contracting Party under the Convention is confined, generally speaking, to events that take place within its own territory.' European Convention on Human Rights 1 1 Cites [ Bailii ] - [ ScotC ] Â Bushell and Others, Regina (on the Application of) -v- Newcastle Upon Tyne Licensing Justices and others [2004] EWHC 446 (Admin) 15 Mar 2004 Admn Lightman J Licensing, Human Rights Objection was made to the removal of an old on-license by the magistrates. Held: The justices had had no jurisdiction under section 15 because, at the time the application came before the justices, the premises of Mim's Bar were not "occupied" or about to be "occupied" for a "public purpose" within the meaning of section 15(1)(a). Licensing Act 1964 15 1 Cites 1 Citers [ Bailii ] Â Regina -v- Crooks Times, 25 March 2004 18 Mar 2004 CACD Judge LJ, Nelson, McCombe JJ Crime, Human Rights The defendant appealed against a conviction in 2002 for the rape of his wife in 1970. He said that at the time that was not an offence. Held: The words which at one point appeared to make rape of a wife lawful were a mere technicality. The case of R v R changed the law in 1991. Even at 1970, the defendant would have been advised by a competent lawyer that the law might change, and that it might in any event be unlawful in other ways, and have other civil consequences. The husband's right to a fair trial was met by the wife's right not to be subjected to inhuman or degrading treatment. Appeal rejected. Sexual Offences (Amendment) Act 1976 - European Convention on Human Rights 7.1 7.2 1 Cites Â Regina -v- Dundon Times, 18 March 2004; [2004] EWCA Crim 621 18 Mar 2004 CMAC Mr Justice Douglas Brown Mr Justice Newman Lord Justice Rose VP Armed Forces, Criminal Practice, Human Rights The defendant had been convicted under a system of trial later confirmed not to be compliant with the need for a fair trial. Held: The judge advocate in this trial had been a serving officer. Unless the positive obligation to show an independent tribunal could be shown, a trial could not normally be shown to be fair. There was no criticism of the judge advocate, but the trial was unfair as a matter of principle and authority. Other appeals out of time might not be allowed. Naval Discipline Act 1957 11 1 Cites 1 Citers [ Bailii ] Â Regina (M) -v- Secretary of State for Constitutional Affairs & Lord Chancellor [2004] EWCA Civ 312; Times, 31 March 2004; [2004] 1 WLR 2298 18 Mar 2004 CA Lord Justice Kennedy Lord Phillips Of Worth Matravers, Mr Lord Justice Neuberger Human Rights, Criminal Practice The making of an interim Anti-Social Behaviour Order not on notice was not an infringement of the subject's human rights, since the order was limited in time and subject to review by the courts. However, "The more intrusive the order the more the court will require proof that it is necessary that it should be made, and made in the particular form sought, but there is nothing intrinsically objectionable about the power to grant an interim ASBO without notice." The test to be adopted by a Magistrates' Court, when deciding whether or not to make an interim order, must be the statutory test, whether it is just to make the order. That itself involves consideration of all relevant circumstances including the fact that the application has been made without notice. The court must consider whether the application for the final order has been properly made, but there is no justification for requiring the Magistrates' Court, when considering whether to make an interim order, to decide whether the evidence in support of the full order discloses an extremely strong prima facie case. Crime and Disorder Act 1998 1D 1 Citers [ Bailii ] Â Â The Secretary of State for the Home Department -v- M; CA 18-Mar-2004 - [2004] 2 All ER 863; [2004] EWCA Civ 324; Times, 24 March 2004 Â Flynn, Meek, Nicol and McMurray -v- Her Majesty's Advocate Times, 18 March 2004; [2004] UKPC D1 18 Mar 2004 PC Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell Scotland, Criminal Sentencing, Human Rights, Constitutional PC (High Court of Justiciary) The applicants had each been convicted of murder, and complained that the transitional provisions for determining how long should be served under the life sentences infringed their Human Rights, the Act being made outside the competence of the Scottish Parliament. Held: The 2001 Act incorporated the Human Rights Convention into Scottish law. It should not be taken to take away any existing right. Accordingly when deciding the punitive part of a punishment so as to prevent reference of his case to the Parole Board, the court must take account any date already set for such a hearing. Prisoners and Criminal Proceedings (Scotland) Act 1993 2 - Convention Rights (Compliance) (Scotland) Act 2001 1 Cites 1 Citers [ PC ] - [ Bailii ] Â Marlon Miller -v- Director of Public Prosecutions [2004] EWHC 595 (Admin); Times, 07 June 2004 25 Mar 2004 Admn Mr Justice Richards Magistrates, Road Traffic, Human Rights The defendant pleaded guilty by post in March 1999 to speeding offences. The magistrates wanted to consider and (unlawfully) issued a warrant backed for bail. The warrant was not served until 2001. The appeal took a further long period. Held: The delay was so unreasonable for this kind of case as to amount to an infringement of the defendant's rights. There had been no difficulty created however in deciding the case, and therefore the conviction stood. The issue was remedied to the extent possible, by treating the delay as an exceptional hardship, and reducing the consequent totting up disqualification to 5 months. An order for costs was confirmed against the CPS. European Convention on Human Rights 8 [ Bailii ] Â Â (Un-named); SSCS 26-Mar-2004 - [2004] UKSSCSC CSCS_16_2003 Â Ali -v- The Head Teacher and Governors of Lord Grey School [2004] EWCA Civ 382; Times, 09 April 2004; Gazette, 08 April 2004; [2004] QB 1231 29 Mar 2004 CA Lord Justice Clarke Lord Justice Sedley The President Education, Human Rights The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act. Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and school must also follow the rules. The duty on the local authority was a fallback duty. The school had failed to make a decision within the 45 day limit on temporary exclusions. The concession that a head teacher of a publicly maintained school was exercising a public role was correct. European Convention on Human Rights - Education Act 1996 19 - School Standards and Framework Act 1998 1 Cites 1 Citers [ Bailii ] Â Merit -v- Ukraine 66561/01; [2004] ECHR 123; [2004] ECHR 124 30 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 6-1 ; Violation of Art. 13 ; Inadmissible under Arts. 5, 6-2, 6-3, P1-1 and P7-4 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Affaire Radio France et autres -v- France 53984/00; 53984/00; [2007] ECHR 127; (2005) 40 EHRR 29 30 Mar 2004 ECHR Human Rights, Media A person's right to protect his/her reputation is among the rights guaranteed by ECHR Article 8 as an element of the right to respect for private life. European Convention on Human Rights 8 1 Citers [ Bailii ] - [ Bailii ] Â Nuray Sen -v- Turkey (No. 2) 25354/94; [2004] ECHR 125 30 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to death ; Violation of Art. 2 with regard to lack of effective investigation ; No violation of Art. 3 ; Violation of Art. 13 ; No violation of Art. 14 ; Not necessary to examine Art. 34 (former Art. 25) ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] Â Hulewicz -v- Poland 35656/97; [2004] ECHR 122; [2004] ECHR 123 30 Mar 2004 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 Toth -v- Hungary 60297/00; [2004] ECHR 127; [2004] ECHR 128 30 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the first set of proceedings ; Violation of Art. 6-1 with regard to the length of the second set of proceedings ; Inadmissible under Arts. 4, 5, 6 (fairness), 13 and 14 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Nuray Sen -v- Turkey (No. 2) (25354/94; [2004] ECHR 124 30 Mar 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Pachnik -v- Poland 53029/99; [2004] ECHR 125; [2004] ECHR 126 30 Mar 2004 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 Merit -v- Ukraine 66561/01 30 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of Art. 6-1 ; Violation of Art. 13 ; Inadmissible under Arts. 5, 6-2, 6-3, P1-1 and P7-4 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Toth -v- Hungary 60297/00 30 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the first set of proceedings ; Violation of Art. 6-1 with regard to the length of the second set of proceedings ; Inadmissible under Arts. 4, 5, 6 (fairness), 13 and 14 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Pachnik -v- Poland 53029/99 30 Mar 2004 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 Hulewicz -v- Poland 35656/97 30 Mar 2004 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 Â Nuray Sen -v- Turkey (No. 2) 25354/94 30 Mar 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to death ; Violation of Art. 2 with regard to lack of effective investigation ; No violation of Art. 3 ; Violation of Art. 13 ; No violation of Art. 14 ; Not necessary to examine Art. 34 (former Art. 25) ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Hirst -v- The United Kingdom (No. 2) 74025/01; Times, 08 April 2004; [2004] ECHR 121; (2004) 38 EHRR 825; [2004] ECHR 122 30 Mar 2004 ECHR Human Rights, Prisons, Elections (Commission) The prisoner alleged that the denial of his right to vote whilst in prison was disproportionate. He was serving a life sentence for manslaughter. Held: The denial of a right to vote was in infringement of his rights and disproportionate. Different signatory countries had applied different standards. The UK law made a great distinction between different categories of offender or crime, but did not apply the same rules to prisoners on remand or imprisoned for non-payment of fines or contempt. There was no evidence of the issues having been considered by parliament in a way which took account of the issues of human rights. Representation of the People Act 1983 3 - European Convention on Human Rights A3-1 1 Cites 1 Citers [ Bailii ] - [ ECHR ] - [ Bailii ] Â Â B -v- Security Service; IPT 31-Mar-2004 - [2004] UKIPTrib 03_01 Â Quesne -v- France 65110/01 1 Apr 2004 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 (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Takak -v- Turkey 30452/96 1 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 6-3-d ; Pecuniairy damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award Â Takak -v- Turkey 30452/96; [2004] ECHR 131; [2004] ECHR 132 1 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 6-3-d ; Pecuniairy damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Coorbanally -c- France 67114/01; [2004] ECHR 128; [2004] ECHR 129 1 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Quesne -v- France 65110/01; [2004] ECHR 129; [2004] ECHR 130 1 Apr 2004 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 (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Rivas -v- France 59584/00; [2004] ECHR 130; [2004] ECHR 131 1 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Â Graham, Re an Application for Judicial Review; QBNI 2-Apr-2004 - [2004] NIQB 24 Â Â In re J (a child) (Child returned abroad: Convention Rights, Human Rights); CA 2-Apr-2004 - [2004] EWCA Civ 417; Times, 14 April 2004; [2004] 2 FLR 85 Â Krzak -v- Poland 51515/99 6 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Inadmissible under Art. 6-1 with regard to criminal proceedings ; Inadmissible with regard to the second applicant ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected Â Karalyos and Huber -v- Hungary and Greece 75116/01 6 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to Hungary ; Inadmissible under Art. 6-1 with regard to Greece ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Mehdi Zana -v- Turkey (No. 2) 26982/95; [2004] ECHR 138 6 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Slimane KAID v. FRANCE (No. 3) - 45130/98; [2004] ECHR 139 6 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Mehdi Zana -c- Turquie (No 2) (26982/95; [2004] ECHR 137 6 Apr 2004 ECHR Human Rights European Convention on Human Rights 1 Cites [ Bailii ] Â Slimane-Kaid -c- France (NÂ° 3) (45130/98; [2004] ECHR 138 6 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Ardex S.A. -c- France 53951/00; [2004] ECHR 133; [2004] ECHR 134 6 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sopa and Others, Regina (on the Application Of) -v- Secretary of State for the Home Department [2004] EWHC 904 (Admin) 6 Apr 2004 Admn Sullivan J Immigration, Human Rights European Convention on Human Rights 3 8 [ Bailii ] Â JG -v- Poland 36258/97; [2004] ECHR 134; [2004] ECHR 135 6 Apr 2004 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 - claim rejected European Convention on Human Rights 5-3 [ Worldlii ] - [ Bailii ] Â Krzak -v- Poland 51515/99; [2004] ECHR 136; [2004] ECHR 137 6 Apr 2004 ECHR Human Rights ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Inadmissible under Art. 6-1 with regard to criminal proceedings ; Inadmissible with regard to the second applicant ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected European Convention on Human Rights 6-1 [ Worldlii ] - [ Bailii ] Â Karalyos and Huber -v- Hungary and Greece 75116/01; [2004] ECHR 135; [2004] ECHR 136 6 Apr 2004 ECHR Human Rights ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to Hungary ; Inadmissible under Art. 6-1 with regard to Greece ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Worldlii ] - [ Bailii ] Â Ahmet Ozkan and Others -v- Turkey 21689/93; [2004] ECHR 132; [2004] ECHR 133 6 Apr 2004 ECHR Human Rights Turkish military forces attacked a village with rifles and heavy weapons. During this operation they burned a number of houses, and a bomb was thrown into one house, with the result that a girl of six suffered severe intestinal injuries. When the forces returned the next day, they burned more of the village houses, and the family were taken to a mosque where the girl died without having received any medical attention at all for her injuries. Held: The soldiers had opened fire in response to fire from the village, and there was no substantive violation of Article 2. On the other hand, the security forces made no attempt to verify whether there had been any civilian casualties, and there had been a callous disregard of this possibility. Criticisms of the subsequent investigation centred on the inadequacy of the evidence-taking process and the absence of any serious attempt to find out who had in fact fired the explosive device that had killed the girl. European Convention on Huma Rights 2 1 Citers [ Bailii ] - [ Bailii ] Â Campbell and others -v- South Northamptonshire District Council, Secretary of State for the Department for Work and Pensions [2004] EWCA Civ 409; Times, 23 April 2004; [2004] 3 All ER 387 7 Apr 2004 CA Lord Justice Aldous Lord Justice Peter Gibson Lord Justice Jacob Benefits, Housing, Human Rights The claimants were members of the Jesus Fellowship church, living communally. Their claim for housing benefit was rejected on the basis that the payment made was not by way of a commercial rental. Held: The court could take into account the background of the payments in deciding whether the tenancy agreements were on a commercial basis. To take that into account was not discrimination infringing their freedom of religion. The question posed was one of fact, and the Convention did not operate to make evidence inadmissible on such an issue. Housing Benefit (General) Regulations 1987 7 1 Citers [ Bailii ] Â Janjanin -v- Secretary of State for Home Department [2004] EWCA Civ 448 7 Apr 2004 CA Immigration, Human Rights [ Bailii ] Â Â Lancashire County Council -v- Taylor and Another; QBD 7-Apr-2004 - [2004] EWHC 776 (QB) Â Kayihan and Others -v- Turkey 42124/98; [2004] ECHR 142; [2004] ECHR 144 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Not necessary to examine Art. 14 ; Pecuniary damage - financial award ; Non-pecuniary damage - finding of violation sufficient [ Bailii ] - [ Bailii ] Â Sadak -c- Turquie 25142/94; [2004] ECHR 144 8 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Serdar Ozcan -c- Turquie 55427/00; [2004] ECHR 145; [2004] ECHR 147 8 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Weh -v- Austria 38544/97; [2004] ECHR 148; [2004] ECHR 150 8 Apr 2004 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Sadak -v- Turkey 25142/94;27099/95; [2004] ECHR 146 8 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Tahsin Acar -v- Turkey 26307/95 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to disappearance ; Violation of Art. 2 with regard to lack of effective investigation ; No violation of Art. 3 ; No violation of Arts. 5, 6 and 8 ; No violation of Art. 18 ; Failure to comply with obligations under Art. 38 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings 1 Cites Â Haase -v- Germany 11057/02; [2004] ECHR 140; [2004] ECHR 142; [2011] ECHR 2171 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] - [ Bailii ] Â Hamanov -v- Bulgaria 44062/98; [2004] ECHR 141; [2004] ECHR 143 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Ozalp and Others -v- Turkey 32457/96; [2004] ECHR 143; [2004] ECHR 145 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 with regard to death ; Violation of Art. 2 with regard to effectiveness of investigation ; No violation of Art. 3 ; Not necessary to examine Art. 6 ; Violation of Art. 13 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Soares Fernandes -v- Portugal 59017/00; [2004] ECHR 146; [2004] ECHR 148 8 Apr 2004 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 Assanidze -v- Georgia 71503/01; (2004) 39 EHRR 32 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of Art. 5-1 with regard to unlawfull detention ; Not necessary to examine Art. 5-1 with regard to place of detention ; Violation of Art. 6-1 ; Not necessary to examine Art. 5-4 ; Not necessary to examine Art. 13 ; No violation of Art. 10 ; Not necessary to examine P4-2 ; Inadmissible under Arts. 3, 5-1 (initial periods of detention) and 5-3 ; Pecuniary damage - fiancial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award As to the Bankovitz rules: "In addition to the State territory proper, territorial jurisdiction extends to any area which at the time of the alleged violation, is under the 'overall control' of the State concerned (Loizidou v Turkey (preliminary objections) judgment of 23 March 1995, Series A No 210), notably occupied territories (Cyprus v Turkey [2001] ECHR 25781/94), to the exclusion of areas outside such control." The court explained the obligations of a state in a territory in which it does have jurisdiction: ". . . the Convention does not merely oblige the higher authorities of the Contracting States to respect for their own part the rights and freedoms it embodies; it also has the consequence that, in order to secure the enjoyment of those rights and freedoms, those authorities must prevent or remedy any breach at subordinate levels (Ireland v UK, judgment of 18 January 1978, Series A no 25, pp 90-91, para 239). The higher authorities of the State are under a duty to require their subordinates to comply with the Convention and cannot shelter behind their inability to ensure that it is respected (ibid, p 64, para 159). The general duty imposed on the State by art 1 of the Convention entails and requires the implementation of a national system capable of securing compliance with the Convention throughout the territory of the State for everyone. That is confirmed by the fact that, firstly, art 1 does not exclude any part of the member States' 'jurisdiction' from the scope of the Convention and, secondly, it is with respect to their 'jurisdiction' as a whole – which is often exercised in the first place through the Constitution – that member States are called on to show compliance with the Convention (United Communist Party of Turkey and Others v Turkey, judgment of 30 January 1998, Reports 1998-I, pp 17-18, para 29)." 1 Citers [ Bailii ] Â Belchev -v- Bulgaria 39270/98 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violence of Art. 5-3 in that the applicant was not brought before a judge or other officer exercising judicial power ; Violation of Art. 5-3 in respect of the lack of justification for the detention pending trial ; Violation of Art. 5-5 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Hamanov -v- Bulgaria 44062/98 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Kayihan and Others -v- Turkey 42124/98 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Not necessary to examine Art. 14 ; Pecuniary damage - financial award ; Non-pecuniary damage - finding of violation sufficient Â Ozalp and Others -v- Turkey 32457/96 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 with regard to death ; Violation of Art. 2 with regard to effectiveness of investigation ; No violation of Art. 3 ; Not necessary to examine Art. 6 ; Violation of Art. 13 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Haase -v- Germany 11057/02 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to taking into care ; No separate issue under Art. 6-1 ; Inadmissible under Art. 8 with regard to denial of access ; Pecuniary damage - financial award ; Non-pecuniay damage - financial award ; Costs and expenses partial award Â Belchev -v- Bulgaria 39270/98; [2004] ECHR 139; [2004] ECHR 141 8 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violence of Art. 5-3 in that the applicant was not brought before a judge or other officer exercising judicial power ; Violation of Art. 5-3 in respect of the lack of justification for the detention pending trial ; Violation of Art. 5-5 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Weh -v- Austria 38544/97 8 Apr 2004 ECHR Human Rights Â Ivan Eduardovich Trufanov And Others -v- Russia 18130/04; [2004] ECHR 725 13 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Balasoiu -c- Roumanie 37424/97; [2004] ECHR 150; [2004] ECHR 152 20 Apr 2004 ECHR Human Rights The applicant complained of being beaten up by police in 1993, before Romania had acceded to the Convention, but also of delay in the procedural investigation, which was still ongoing. Held: The latter complaint was admissible. The court did not explain how this could be reconciled with the reasoning of the Court in Moldovan. European Convention on Human Rights 1 Citers [ Bailii ] - [ Bailii ] Â Buldan -v- Turkey 28298/95 20 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to killing of applicant Â Mamac And Others -v- Turkey 29486/95;29487/95;29853/96; [2004] ECHR 155 20 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Vadala -c- Italie 51703/99; [2004] ECHR 158; [2004] ECHR 160 20 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Surugiu -c- Roumanie 48995/99; [2004] ECHR 156; [2004] ECHR 158 20 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Paulescu -c- Roumanie 34644/97; [2004] ECHR 155; [2003] ECHR 274; [2004] ECHR 157; [2003] ECHR 274 20 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Notar -c- Roumanie 42860/98; [2004] ECHR 154; [2004] ECHR 156 20 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bulena -c- Republique Tcheque 57567/00; [2004] ECHR 152; [2004] ECHR 154; [2009] ECHR 2214 20 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Amihalachioaie -c- Moldova 60115/00; [2004] ECHR 149; [2004] ECHR 151 20 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Tezcan Uzunhasanoglu -v- Turkey 35070/97; [2004] ECHR 157; [2004] ECHR 159 20 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 6-3 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Buldan -v- Turkey 28298/95; [2004] ECHR 151; [2004] ECHR 153 20 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 2 with regard to killing of applicant [ Bailii ] - [ Bailii ] Â Tezcan Uzunhasanoglu -v- Turkey 35070/97 20 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 6-3 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award Â Mamac Et Autres -c- Turquie 29486/95; [2004] ECHR 153 20 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Angelov -c- Bulgarie 44076/98; [2004] ECHR 159; [2004] ECHR 161 22 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yazganoglu Et Autres -c- France 50915/99; [2004] ECHR 171; [2004] ECHR 173 22 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yazgan -c- Turquie 49657/99; [2004] ECHR 170; [2004] ECHR 172 22 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yavuzaslan -c- Turquie 53586/99; [2004] ECHR 169; [2004] ECHR 171 22 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sarikaya -c- Turquie 36115/97; [2004] ECHR 168; [2004] ECHR 170 22 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Neroni -c- Italie 7503/02; [2004] ECHR 164; [2004] ECHR 166 22 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nastou -v- Greece 51356/99; [2004] ECHR 163; [2003] ECHR 33; [2004] ECHR 165; [2003] ECHR 33 22 Apr 2004 ECHR Human Rights Hudoc Judgment (Just satisfaction) Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Cases Of Lucilla Petrini -v- Italy 66292/01; [2004] ECHR 160 22 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Radovanovic -v- Austria 42703/98 22 Apr 2004 ECHR Human Rights Hudoc Violation of Art. 8 ; Just satisfaction reserved Â Radovanovic -v- Austria 42703/98; [2004] ECHR 167; [2004] ECHR 689; [2004] ECHR 169; [2004] ECHR 689 22 Apr 2004 ECHR Human Rights Hudoc Violation of Art. 8 ; Just satisfaction reserved [ Bailii ] - [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Petersen -v- Denmark 70210/01; [2004] ECHR 166; [2004] ECHR 168 22 Apr 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â (Un-named) 66292/01 ; 66299/01 22 Apr 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â National Westminster Bank Plc, Malhan Malhan -v- Malhan, The Secretary of State for Consitutional Affairs & Lord Chancellor [2004] EWHC 847 (Ch) 22 Apr 2004 ChD Vice-Chancellor, The Vice-Chancellor Land, Human Rights, Banking Law of Property Act 1925 2(1) 1 Cites [ Bailii ] Â Ozer Et Autres -c- Turquie 48059/99; [2004] ECHR 165; [2004] ECHR 167 22 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â (Un-named) 66292/01 ; 66299/01 22 Apr 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Petersen -v- Denmark 70210/01 22 Apr 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Cianetti -c- Italie 55634/00; [2004] ECHR 161; [2004] ECHR 163 22 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cases Of Lucilla Petrini -v- Italy 66292/01;66299/01; [2004] ECHR 162 22 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Haydar Gunes -c- Turquie 46272/99; [2004] ECHR 162; [2004] ECHR 164 22 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Napier, Re Petition for Judicial Review; Higgs -v- The Scottish Ministers [2004] ScotCS 100; Times, 13 May 2004 26 Apr 2004 OHCS Bonomy L Scotland, Prisons, Human Rights The petitioner complained of the conditions in the Barlinnie Prison in Glasgow. Held: The conditions in the prison infringed the petitioner's human rights against inhuman or degrading treatment and respect for privacy, and he was entitled to damages. The regime involved severe overcrowding. The cells were designed for single occupants and had no running water or toilet facilities. The prisoners were locked in for lengthy periods requiring them to defecate or urinate in a confined space also used as a dining space and with no privacy. The sluicing system available when slopping out occurred was also inedffective. European Conention on Human Rights 3 1 Cites 1 Citers [ Bailii ] Â Â Regina (Amicus etc) -v- Secretary of State for Trade and Industry; Admn 26-Apr-2004 - [2004] EWHC 860 (Admin); [2004] IRLR 430; [2007] ICR 1176 Â Â Hemsworth, Re an Application for Judicial Review; QBNI 26-Apr-2004 - [2004] NIQB 26 Â Â Regina -v- E; CACD 26-Apr-2004 - [2004] EWCA Crim 1243; [2004] 1 WLR 3279; [2004] 2 Cr App R 29 Â Loska -v- Slovakia 45126/98 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â M.B. -v- Poland 34091/96; [2004] ECHR 182; [2004] ECHR 184 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Violation of Art. 5-4 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Sabol and Sabolova -v- Slovakia 54809/00 27 Apr 2004 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 (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Surman-Januszewska -v- Poland 52478/99 27 Apr 2004 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 Â EO and VP -v- Slovakia 56193/00 ; 57581/00 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of Art. 6-1 with regard to length ; Not necessary to examine Art. 6-1 with regard to access to court ; Not necessary to examine Art. 8 ; Violation of Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Kansal -v- The United Kingdom 21413/02; Times, 29 April 2004; [2004] ECHR 179; [2004] ECHR 181; [2010] ECHR 1872 27 Apr 2004 ECHR Human Rights, Criminal Practice 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 (Convention proceedings) - claim rejected The claimant had been obliged to answer question put to him by the Official Receiver. He now objected that the subsequent use of those answers in a criminal trial was unfair. Held: The transcript of his interview was put before the jury and described as potentially important. They were significant. The House of Lords had rejected his objection on the basis that the trial predated the UK Act. The act infringed his right not to be obliged to incriminate himself, and had deprived him of a fair hearing. Human Rights Act 1998 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Janik -v- Poland 38564/97; [2004] ECHR 178; [2004] ECHR 180 27 Apr 2004 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 Dagot -c- France 55084/00; [2004] ECHR 172; [2004] ECHR 174 27 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Krzewicki -v- Poland 37770/97; [2004] ECHR 180; [2004] ECHR 182 27 Apr 2004 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 Gora -v- Poland 38811/97 27 Apr 2004 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 (domestic proceedings) - claim rejected Â Doerga -v- The Netherlands 50210/99; [2004] ECHR 173; [2004] ECHR 175; [2011] ECHR 1701 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] Â Janik -v- Poland 38564/97 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Krzewicki -v- Poland 37770/97 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â M.B. -v- Poland 34091/96 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Violation of Art. 5-4 ; Non-pecuniary damage - financial award Â EO and VP -v- Slovakia 56193/00 ; 57581/00 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of Art. 6-1 with regard to length ; Not necessary to examine Art. 6-1 with regard to access to court ; Not necessary to examine Art. 8 ; Violation of Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â E.O. And V.P. -v- Slovakia 56193/00;57581/00; [2004] ECHR 176 27 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â E.O. And V.P. -v- Slovakia 56193/00; [2004] ECHR 174 27 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Gorraiz Lizarraga et Autres -c- Espagne (2004) 45 EHRR 1039; 62543/00; [2004] ECHR 176; [2004] ECHR 178 27 Apr 2004 ECHR Human Rights (French Text) An excessively formalistic interpretation of the concept of a 'victim' would make protection of the rights guaranteed by the Convention ineffectual and illusory. European Convention on Human Rights 1 Citers [ Bailii ] - [ Bailii ] Â Maat -c- France 39001/97; [2004] ECHR 183; [2004] ECHR 185 27 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Politikin -v- Poland 68930/01; [2004] ECHR 185; [2004] ECHR 187 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (victim) ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Madi -c- France 51294/99; [2004] ECHR 184; [2004] ECHR 186 27 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Surman JANUSZEWSKA v. POLAND - 52478/99; [2004] ECHR 190 27 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Gora -v- Poland 38811/97; [2004] ECHR 175; [2004] ECHR 177 27 Apr 2004 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 (domestic proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Hill -v- The United Kingdom 19365/02; Times, 29 April 2004; [2004] ECHR 177; [2004] ECHR 179; [2011] ECHR 1659 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4 ; Violation of Art. 5-5 ; Non-pecuniary damage - financial award ; Costs and expenses partial award The claimant had been convicted of murder and sentenced to a mandatory life term. His tariff had been set at 12 years. He complained that the system of review by the Parole board after that date was ineffective since they had no power to order his release, and no power to compensate him. Held: The claim was established. Stafford had established the need for review, and the inability of the reviwing body to decide on release made the review ineffective to satisfy that right. The denial of a right to compensation was also infringing. European Convention on Human Rights 5.5 5.5 1 Cites [ Bailii ] - [ Bailii ] - [ Bailii ] Â M, Regina (on the Application of) -v- Slough Borough Council [2004] EWHC 1109 (Admin); [2004] LGR 657; [2004] BLGR 657 27 Apr 2004 Admn Collins J Immigration, Human Rights The claimant, a Zimbabwean, was subject to immigration control. He was HIV positive, and sought assistance from the authority under the 1948 Act. The authority replied that his needs did not reach such a level as to require assistance under the section. Held. The claim succeeded. The fact that medication and regular medical attention were required was sufficient to show a need for care and attention. That need arose from a combination of destitution and illness and not solely from destitution. National Assistance Act 1948 21(1)(a) 1 Citers [ Bailii ] Â Quiles Gonzales -c- Espagne 71752/01; [2004] ECHR 186; [2004] ECHR 188 27 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Hill -v- The United Kingdom 19365/02 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4 ; Violation of Art. 5-5 ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Politikin -v- Poland 68930/01 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (victim) ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award Â Surman-Januszewska -v- Poland 52478/99; [2004] ECHR 188 27 Apr 2004 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 ] Â Loska -v- Slovakia 45126/98; [2004] ECHR 181; [2004] ECHR 183 27 Apr 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Sabol and Sabolova -v- Slovakia 54809/00; [2004] ECHR 187; [2004] ECHR 189 27 Apr 2004 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 (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Azinas -v- Cyprus 56679/00 28 Apr 2004 ECHR Human Rights Hudoc Preliminary objection allowed (non-exhaustion of domestic remedies) Â Azinas -v- Cyprus 56679/00 28 Apr 2004 ECHR Human Rights Hudoc Preliminary objection allowed (non-exhaustion of domestic remedies) Â Azinas -v- Cyprus 56679/00 28 Apr 2004 ECHR Human Rights Hudoc Preliminary objection allowed (non-exhaustion of domestic remedies) Â Plaksin -v- Russia 14949/02 29 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Quark Fishing Ltd, Regina (on the Application Of) -v- Secretary of State for the Foreign & Commonwealth Affairs [2004] EWCA Civ 527; Times, 10 May 2004; [2005] I QB 93 29 Apr 2004 CA Pill, Thomas and Jacob LJJ Damages, Agriculture, Human Rights The claimant sought damages for having had its licence to catch Patagonian toothfish off South Georgia revoked, saying that it had infringed its property rights under the Convention. Held: Though the Convention rights had been extended to cover the Falkland Islands and its dependencies, the rights under the first protocol had not been so extended, and the claim failed. In issuing an instruction the Queen had acted in right of the United Kingdom, and not the overseas territory, by reason of the particular facts of that case, and in particular (i) the fact that it was concerned with a dependent territory, not a sovereign state; (ii) the small size, population and resources of the territory; and (iii) the wording of its constitution. ".... In respect of the Protocol, South Georgia does not fall within its legal space on the ground that the Convention applies there, or for any other reason, or because the June instruction was unlawful as contrary to the law of England and Wales ..... " European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] Â Donmez -v- Turkey 48990/99 29 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Non-pecuniary damage - financial award ; Non-pecuniary damage - finding of violation sufficient Â Â Mullen, Regina (on the Application of) -v- Secretary of State for the Home Department; HL 29-Apr-2004 - [2004] UKHL 18; Times, 03 May 2004; [2005] 1 AC 1; [2004] 3 All ER 65; [2004] 2 WLR 1140; 16 BHRC 469; [2004] UKHRR 745 Â Garcia Da Silva -c- Portugal 58617/00; [2004] ECHR 191; [2004] ECHR 193 29 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mehmet Salih Et Abdulsamet Cakmak -c- Turquie 45630/99; [2004] ECHR 192; [2004] ECHR 194 29 Apr 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Donmez -v- Turkey 48990/99; [2004] ECHR 190; [2004] ECHR 192 29 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Non-pecuniary damage - financial award ; Non-pecuniary damage - finding of violation sufficient [ Bailii ] - [ Bailii ] Â Plaksin -v- Russia 14949/02; [2004] ECHR 193; [2004] ECHR 195; [2004] ECHR 195 29 Apr 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] - [ Bailii ] Â Â Regina -v- Edwards, Denton & Jackson Hendley Crowley; Attorney General's Reference (No. 1 of 2004); CACD 29-Apr-2004 - [2004] EWCA Crim 1025; Times, 30 April 2004; Gazette, 20 May 2004; [2004] 1 WLR 2111; [2004] 2 Cr App R(S) 27 Â Clift, Regina (on the Application Of) -v- Secretary of State for the Home Department [2004] EWCA Civ 514; Times, 13 May 2004; Gazette, 20 May 2004; [2004] 3 All ER 338 29 Apr 2004 CA Prisons, Human Rights The claimant was a prisoner serving a determinate term exceeding 15 years. He complained that the respondent's remaining juridsiction as to his release on licence infringed his human rights. Held: This was the sole remaining element of the respondent's control over the release on licence of prisoners. The reasonableness of his power was to be determined in line with Michalak. The distinction made was potentially subject to the Convention, and this situation had not been anticipated in Giles or Smith. The natural comparators were other also serving determinate sentences. The applicant took part in a similar process of discretionary licences, but the difference in arbiter, in this case the respondent, was a material difference. The seriousness of the offences however justified the differences, and the minister was reasonably involved. European Convention on Human Rights 5 14 1 Cites 1 Citers [ Bailii ] Â Andrews -v- Reading Borough Council [2004] EWHC 970 (QB) 29 Apr 2004 QBD Mr Justice Collins Road Traffic, Damages, Human Rights The claimant sought damages for increased road noise resulting from traffic control measures taken by the respondent. Held: The defendants action to strike out the claim could not succeed. They had not shown that the claim was unarguable, however difficult were the prospects of success. European Convention on Human Rights 8 1 Cites [ Bailii ] Â Napier -v- Secretary of State for Home Department [2004] EWHC 936 (Admin); Times, 27 May 2004; Gazette, 03 June 2004; [2004] 1 WLR 3056 29 Apr 2004 Admn Goldring J Prisons, Human Rights The claimant, whilst a prisoner. had been found guilty in disciplinary proceedings, and sentenced to additional days. He was not allowed representation at the hearing. The respondent argued that, the penalty having later been quashed, the hearing had been reduced in status to an administrative hearing which did not require compliance with the Human Rights Act. Held: The decisive factor in Ezeh was the addition of days to the sentence. Stripped of the sentence the finding did not amount to a finding of guilt, and could properly be characterised as administrative. The decision could be useful in the management of the claimant's conditions in prison. "In my view a proper reading of the Ezeh and Connors case leads to the conclusion that, absent the imposition of added days, absent the requirement that the adjudication needs to be Article 6 compliant. In other words, without those added days, application of the Engel criteria would have led to a different conclusion. I say that for several reasons." European Convention on Human Rights 6 8 1 Cites 1 Citers [ Bailii ] Â W -v- Doncaster Metropolitan Borough Council [2004] EWCA Civ 378; Times, 13 May 2004; Gazette, 03 June 2004 6 May 2004 CA Health, Human Rights The claimant had been detained by the respondent under the Act. A trubunal had ordered his release subject to proper arrangements for his support in the community. In the absence of such arrangements being made, he complained at his continued detention. Held: The conditions were inextricably linked to the release, and though there was a form of duty on the respondent to make arrangements, no duty to release him arose until the condition had been met. The duty to make arrangements was not absolute, and there was no breach in the present failure. Mental Health Act 1983 37 41 1 Cites 1 Citers [ Bailii ] Â Â Campbell -v- Mirror Group Newspapers Ltd (MGN) (No 1); HL 6-May-2004 - [2004] UKHL 22; Times, 10 May 2004; [2004] 2 WLR 1232; [2004] 2 AC 457; [2004] UKHRR 648; [2004] EMLR 15; 16 BHRC 500; [2004] HRLR 24; [2004] 2 All ER 995 Â Brand -v- The Netherlands 49902/99; [2004] ECHR 196; [2004] ECHR 196 11 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Non-pecuniary damage - financial award The court set out a list of cases in which a person can be deprived of liberty without infringement of Article 5 1 Citers [ Bailii ] - [ Bailii ] Â Morsink -v- The Netherlands 48865/99 11 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Non-pecuniary damage - financial award Â Â Halsey -v- Milton Keynes General NHS Trust etc; CA 11-May-2004 - [2004] EWCA Civ 576; Times, 27 May 2004; Gazette, 03 June 2004; [2004] 1 WLR 3002; [2004] CP Rep 34; [2004] 4 All ER 920; (2005) 81 BMLR 108; [2004] 3 Costs LR 393 Â Morsink -v- The Netherlands 48865/99; [2004] ECHR 197; [2004] ECHR 197 11 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Rychliccy -v- Poland 51599/99; [2004] ECHR 202; [2004] ECHR 202 18 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Pecuniary damage - claim rejected [ Bailii ] - [ Bailii ] Â Destrehem -v- France 56651/00; [2004] ECHR 198; [2004] ECHR 198; [2010] ECHR 1432 18 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Gesiarz -v- Poland 9446/02 18 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 (with regard to the fairness of the proceedings) ; Inadmissible under Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected Â Prodan -v- Moldova 49806/99 18 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies, victim) ; Violation of Art. 6-1 ; Violation of P1-1 ; Just satisfaction partly reserved ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award Â Editions Plon (Societe) -v- France 58148/00; [2004] ECHR 200; (2006) 42 EHRR 36 18 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) No violation of Art. 10 with regard to the interim injunction ; Violation of Art. 10 with regard to the permanent injunction ; Pecuniary damage - claim rejected ; Costs and expenses partial award - domestic proceedings ; Costs and expenses award - Convention proceedings 1 Citers [ lip ] - [ Bailii ] - [ Bailii ] Â Gesiarz -v- Poland 9446/02; [2004] ECHR 199; [2004] ECHR 199 18 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 (with regard to the fairness of the proceedings) ; Inadmissible under Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Tillery Valley Foods -v- Channel Four Television, Shine Limited [2004] EWHC 1075 (Ch); Times, 21 May 2004; Gazette, 03 June 2004 18 May 2004 ChD Mann, The Honourable Mr Justice Mann Media, Information, Human Rights The claimant sought an injunction to restrain the defendants broadcasting a film, claiming that it contained confidential material. A journalist working undercover sought to reveal what he said were unhealthy practices in the claimant's meat processing plant. A claim under defamation would not restrict publication where a defence of justification might be anticipated. The claimants said that a fair right of response would allow them to investigate allegations before replying. Held: The court must be satisfied that there was no reason to expect the claim to fail before allowing a restraint of a future publication. The claim failed that test, and indeed had little prospect of success. The information did not have the characteristics of confidential information, and the public interest weighed in favour of disclosure of malpractice. Any right of reply was restricted to that given by a code of practice with no force in law. Mann J said: "The truth of this matter is that this case is not about confidentiality at all. So far as Tillery has a claim it will be a claim based on the fact (if it be a fact) that the reporting is inaccurate and contains falsehoods. If and insofar as the reporting turns out to be accurate (as to which I can, of course, say nothing) then it cannot have a legitimate complaint in law. If it is inaccurate it will have a claim for the damage caused by that falsehood. In other words this is really a defamation action in disguise. It is not surprising that it cannot be squashed into the law of confidence. And even if it could, since the reality would still be that of a defamation action with parallel claims based on other wrongs , it would have been appropriate to apply the rule in Bonnardv Perryman to any claim for an interlocutory injunction, as was held by Lightman J in Service Corporation International plc v Channel Four Television" Human Rights Act 1998 12(3) 1 Cites 1 Citers [ Bailii ] Â Somogyi -v- Italy 67972/01; [2004] ECHR 203; [2004] ECHR 203 18 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Rychliccy -v- Poland 51599/99 18 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Pecuniary damage - claim rejected Â Prodan -v- Moldova 49806/99; [2004] ECHR 201; [2006] ECHR 472; [2006] ECHR 472; [2004] ECHR 201 18 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies, victim) ; Violation of Art. 6-1 ; Violation of P1-1 ; Just satisfaction partly reserved ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Toteva -v- Bulgaria 42027/98; [2004] ECHR 212 19 May 2004 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 Kocak and Others -v- Turkey 42432/98 19 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Not necessary to examine Art. 14+P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings Â Lotter and Lotter -v- Bulgaria 39015/97; [2004] ECHR 209; [2004] ECHR 209 19 May 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Cibir -v- Turkey 49659/99 19 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Not necessary to examine Art. 14+P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award Â RL and M-JD -v- France 44568/98; [2004] ECHR 211 19 May 2004 ECHR Human Rights This document is available only in French. European Convention on Human Rights [ Bailii ] Â Lalousi-Kotsovos -v- Greece 65430/01 19 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Not necessary to examine Art. 17 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Gusinskiy -v- Russia 70276/01; [2004] ECHR 205 19 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5 ; Violation of Art. 18+5 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Toteva -v- Bulgaria 42027/98 19 May 2004 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 Â Kocak and Others -v- Turkey 42432/98; [2004] ECHR 207 19 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Not necessary to examine Art. 14+P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Lotter and Lotter -v- Bulgaria 39015/97 19 May 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Gusinskiy -v- Russia 70276/01 19 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5 ; Violation of Art. 18+5 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award Â Lalousi-Kotsovos -v- Greece 65430/01; [2004] ECHR 208 19 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â RL And M-JD -v- France 44568/98; [2004] ECHR 211 19 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Hourmidis -v- Greece 12767/02; [2004] ECHR 206 19 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lalousi-Kotsovoc -v- Greece 65430/01; [2004] ECHR 208 19 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Palaska -v- Greece 8694/02; [2004] ECHR 210; [2004] ECHR 210 19 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cibir -v- Turkey 49659/99; [2004] ECHR 204; [2004] ECHR 204 19 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Not necessary to examine Art. 14+P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Â IB and TK (Sikhs, Risk on Return, Objective Evidence) Afghanistan; IAT 20-May-2004 - [2004] UKIAT 00150 Â Â The Secretary of State for the Home Department -v- Limbuela, Tesema, Adam; CA 21-May-2004 - [2004] QB 1440; [2004] EWCA Civ 540; Times, 26 May 2004; [2004] 3 WLR 561 Â Regina -v- Arnold [2004] EWCA (Crim) 1293 21 May 2004 CACD Hooper LJ, Leveson, Mettyear JJ Criminal Practice, Human Rights The defendant appealed a conviction after the non attendance of a witness. Held: The court was prepared to assume that the witness had not been kept away by fear, but ruled that the statement was admissible. However: "We cannot leave this case without sound a word of caution. The reference in Luca to the not infrequent occurrence of the phenomenon of frightened witnesses being unwilling to give evidence in trials concerning Mafia-type organisations is echoed across a wider range of serious crime in this country. Counsel both confirmed that this problem was becoming commonplace and the experience of the members of this Court concerned with the conduct of criminal trials is likewise. Inevitably, applications under section 23 will follow but this judgment should not be read as a licence for prosecutors. Very great care must be taken in each and every case to ensure that attention is paid to the letter and spirit of the Convention and judges should not easily be persuaded that it is in the interests of justice to permit evidence to be read. Where that witness provides the sole or determinative evidence against the accused, permitting it to be read may well, depending on the circumstances, jeopardise infringing the defendant's Article 6(3)(d) rights; even it is not the only evidence, care must be taken to ensure that the ultimate aim of each and every trial, namely, a fair hearing, is achieved." 1 Cites 1 Citers [ Bailii ] Â Domanska -v- Poland 74073/01 25 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award Â Szakaly -v- Hungary 59056/00 25 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to fairness ; Inadmissible under P7-5 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Sobczuk -v- Poland 51799/99 25 May 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Hajnrich -v- Poland 44181/98 25 May 2004 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 (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Akcakale -v- Turkey 59759/00; [2004] ECHR 213; [2004] ECHR 213 25 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kadlec And Others -v- The Czech Republic 49478/99; [2004] ECHR 217; [2004] ECHR 217 25 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Szakaly -v- Hungary 59056/00; [2004] ECHR 219; [2004] ECHR 219 25 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to fairness ; Inadmissible under P7-5 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Sobczuk -v- Poland 51799/99; [2004] ECHR 218; [2004] ECHR 218 25 May 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Domanska -v- Poland 74073/01; [2004] ECHR 214; [2004] ECHR 214 25 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Hajnrich -v- Poland 44181/98; [2004] ECHR 216; [2004] ECHR 216 25 May 2004 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 (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Dostal -v- The Czech Republic 52859/99; [2004] ECHR 215; [2004] ECHR 215 25 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Connors -v- The United Kingdom; ECHR 27-May-2004 - 66746/01; [2004] HLR 52; Times, 10 June 2004; [2004] ECHR 223; (2004) 40 EHRR 189; [2004] 40 EHRR 9 Â Yavuz -v- Austria 46549/99 27 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 6-3-c and 6-3-d ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Gadliauskas -v- Lithuania 62741/00 27 May 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Monti C. Italy 63833/00 27 May 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Gadliauskas -v- Lithuania 62741/00; [2004] ECHR 224; [2004] ECHR 224 27 May 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Steno Monti -v- Italy 63833/00; [2004] ECHR 231; [2004] ECHR 231 27 May 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Ogis INSTITUT STANISLAS, OGEC ST. PIE X AND BLANCHE DE CASTILLE AND OTHERS v. FRANCE - 42219/98;54563/00; [2004] ECHR 232 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Baransel And Others -v- Turkey 41578/98; [2004] ECHR 220; [2004] ECHR 220 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Vides Aizsardzibas Klubs -v- Latvia 57829/00 (Press release); [2004] ECHR 734 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Yavuz -v- Austria 46549/99; [2004] ECHR 235 27 May 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 6-3-c and 6-3-d ; 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 Pal -v- General Medical Council [2004] EWHC 1485 (QB) 27 May 2004 QBD Health Professions, Information, Defamation, Human Rights [ Bailii ] Â Yurttas -v- Turkey 25143/94;27098/95; [2004] ECHR 236; [2004] ECHR 236 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Vides Aizsardzibas Klubs -v- Latvia 57829/00; [2004] ECHR 234; [2004] ECHR 234; [2010] ECHR 977 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Rizos And Daskas -v- Greece 65545/01; [2004] ECHR 233; [2004] ECHR 233; [2011] ECHR 1639 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Ogis-Institut Stanislas, Ogec St Pie and Blanche de Castille and Oters -v- France 42219/98; [2004] ECHR 232; 54563/00 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Liadis -v- Greece 16412/02; [2004] ECHR 229; [2004] ECHR 229 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kaya And Others -v- Turkey 36564/97; [2004] ECHR 228; [2004] ECHR 228 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â I.I. -v- Turkey 38420/97; [2004] ECHR 227; [2004] ECHR 227 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Metaxas -v- Greece 8415/02; [2004] ECHR 230; [2004] ECHR 230 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Granata -v- France (No. 3) 39634/98; [2004] ECHR 225; [2004] ECHR 225 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â H.B. And Others V.Turkey 38883/97; [2004] ECHR 226; [2004] ECHR 226 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Boulougouras -v- Greece 66294/01; [2004] ECHR 222; [2004] ECHR 222; [2010] ECHR 2235 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Belaousof And Others -v- Greece 66296/01; [2004] ECHR 221; [2004] ECHR 221 27 May 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) -v- Stop Huntingdon Animal Cruelty [2004] EWHC 1231 (QB) 28 May 2004 QBD Mackay The Honourable Mr Justice Mackay Civil Procedure Rules, Human Rights, Torts - Other The claimant companies conducted forms of medical research to which the respondents objected, and showed their objections by a wide variety of acts and threats which the claimants sought to have stopped. The defendants sought discharge of an interim injunction. Held: The case of Burris was instructive. New powers were available including ASBOs and under the Public Order Act 1986, but the order was continued until trial. Civil Procedure Rules 19.6 - European Convention on Human Rights 10 11 - Protection from Harassment Act 1997 - Public Order Act 1986 16 1 Cites 1 Citers [ Bailii ] Â X -v- Y (Employment: Sex Offender) [2004] EWCA Civ 662; Times, 16 June 2004; [2004] IRLR 625; [2004] UKHRR 1172; [2004] ICR 1634 28 May 2004 CA Lord Justice Brooke (Vice President Of The Court Of Appeal (Civil Division)) Lord Justice Mummery And Lord Justice Dyson Employment, Human Rights The claimant had been dismissed after it was discovered he had been cautioned for a public homosexual act. He appealed dismissal of his claim saying that the standard of fairness applied was inappropriate with regard to the Human Rights Act, and that the state had a duty to protect him from private acts which breached his human rights. The tribunal had applied Foley. Held: The question was as to the so called horizontal effect of the Convention. In short, article 8.1 was not engaged, as the facts found by the employment tribunal do not fall within its ambit. The question of applicability should be answered first and only then should the court ask whether there had been a possible Convention breach. The court gave guidance to Employment Tribunals as to how to adopt a structured approach to arguments on the 1998 Act in private cases of unfair dismissal. Employment Rights Act 1996 - European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â Urbanczyk -v- Poland 33777/96 1 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Narinen -v- Finland 45027/98 1 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â J. M. F. v. FRANCE - 42268/98; [2004] ECHR 239 1 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Valova, Slezak and Slezak -v- Slovakia 44925/98 1 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; No violation of Art. 6-1 ; Just satisfaction reserved Â Altun -v- Turkey 24561/94 1 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; No violation of Art. 5 ; Not necessary to examine Art. 6-1 ; Violation of Art. 8 ; Violation of Art. 13 ; No violation of Art. 14 ; No violation of Art. 18 ; Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Lebbink -v- The Netherlands 45582/99; [2004] ECHR 240; [2004] ECHR 240; [2010] ECHR 1418 1 Jun 2004 ECHR Human Rights “The existence or non-existence of “family life” for the purposes of Article 8 is essentially a question of fact depending upon the real existence in practice of close personal ties” and “The Court recalls that the notion of “family life” under Article 8 of the Convention is not confined to marriage-based relationships and may encompass other de facto “family” ties where the parties are living together out of wedlock. A child born out of such a relationship is ipso iure part of that “family” unit from the moment and by the very fact of its birth. Thus there exists between the child and the parents a relationship amounting to family life.”. 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Narinen -v- Finland 45027/98; [2004] ECHR 241; [2004] ECHR 241; [2009] ECHR 1687 1 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] Â Urbanczyk -v- Poland 33777/96; [2004] ECHR 244; [2004] ECHR 244 1 Jun 2004 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 Altun -v- Turkey 24561/94; [2004] ECHR 237; [2004] ECHR 237 1 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; No violation of Art. 5 ; Not necessary to examine Art. 6-1 ; Violation of Art. 8 ; Violation of Art. 13 ; No violation of Art. 14 ; No violation of Art. 18 ; Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Richard DUBARRY v. FRANCE - 53929/00; [2004] ECHR 242; [2004] ECHR 242 1 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â J-M F -v- France 42268/98; [2004] ECHR 239 1 Jun 2004 ECHR Human Rights This document is available only in French. European Convention on Human Rights [ Bailii ] Â Valova, Slezak and Slezak -v- Slovakia 44925/98; [2004] ECHR 245; [2005] ECHR 106; [2004] ECHR 245; [2005] ECHR 106; [2009] ECHR 1056 1 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; No violation of Art. 6-1 ; Just satisfaction reserved [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Yalman and Others -v- Turkey 36110/97; [2004] ECHR 248; [2004] ECHR 248 3 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Cost and expenses partial award [ Bailii ] - [ Bailii ] Â Bati and Others -v- Turkey 33097/96 ; 57834/00 3 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion of domestic remedies, six month period) ; Violation of Art. 3 ; Violation of Art. 13 ; Violation of Art. 5-3 with regard to the length of the custody ; Violation of Art. 5-3 with regard to the length of pre-trial detention ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Bati And Others -v- Turkey 33097/96; [2008] ECHR 246 3 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Bati And Others -v- Turkey 33097/96;57834/00; [2004] ECHR 246 3 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â De Jorio -v- Italy 73936/01; [2004] ECHR 247; [2004] ECHR 247 3 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yalman and Others -v- Turkey 36110/97 3 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Cost and expenses partial award Â Hilda Hafsteinsdottir -v- Iceland 40905/98; [2004] ECHR 251; [2004] ECHR 251 8 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings 1 Citers [ Bailii ] - [ Bailii ] Â Hilda Hafsteinsdottir -v- Iceland 40905/98 8 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings Â J A Pye (Oxford) Ltd -v- The United Kingdom [2004] ECHR 727; [2005] ECHR 921 8 Jun 2004 ECHR Pellonpaa P Human Rights, Registered Land, Limitation Admissibility European Convention on Human Rights A1P1 - Limitation Act 1980 - Land Registration Act 1925 1 Citers [ Bailii ] Â Beaumer -v- France 65323/01; [2004] ECHR 249; [2004] ECHR 249 8 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Clinique Mozart Sarl -v- France 46098/99; [2004] ECHR 250; [2004] ECHR 250 8 Jun 2004 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 (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Lechelle -v- France 65786/01; [2004] ECHR 252; [2004] ECHR 252 8 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Simon -v- France 66053/01; [2004] ECHR 254; [2004] ECHR 254 8 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mutimura -v- France 46621/99; [2004] ECHR 253; [2004] ECHR 253 8 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sirbu and Others -v- Moldova 73562/01 ; 73565/01 ; 737 15 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Inadmissible under Art. 10 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings 73562/01 ; 73565/01 ; 73712/01 ; 73744/01 ; 73972/01 ; 73973/01 Â Luntre and Others -v- Moldova 2916/02 15 Jun 2004 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 (Convention proceedings) - claim rejected Â Piekara -v- Poland 77741/01 15 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to the right to an oral hearing ; Non-pecuniary damage - financial award Â Thompson -v- The United Kingdom 36256/97; [2004] ECHR 267; [2004] ECHR 267 15 Jun 2004 ECHR Human Rights, Armed Forces, Criminal Practice Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings 1 Citers [ Bailii ] - [ Bailii ] Â Tamminen -v- Finland 40847/98 15 Jun 2004 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 (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Sirbu and Others -v- Moldova 73562/01 ; 73565/01 ; 737 15 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Inadmissible under Art. 10 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings 73562/01 ; 73565/01 ; 73712/01 ; 73744/01 ; 73972/01 ; 73973/01 Â Le Petit -v- The United Kingdom 35574/97; Times, 09 July 2004; [2004] ECHR 258; [2004] ECHR 258 15 Jun 2004 ECHR Human Rights, Armed Forces, Criminal Practice Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award - Convention proceedings Naval Discipline Act 1957 1 Cites [ Bailii ] - [ Bailii ] Â Romlin -v- Sweden 48630/99; [2004] ECHR 262 15 Jun 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Tamminen -v- Finland 40847/98; [2004] ECHR 266; [2004] ECHR 266; [2009] ECHR 2273 15 Jun 2004 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 (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] Â Pasteli and Others -v- Moldova 9898/02 ; 9863/02 ; 6255/ 15 Jun 2004 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 (Convention proceedings) - claim rejected 9898/02 ; 9863/02 ; 6255/02 ; 10425/02 Â Vrioni And Others -v- Albania And Italy 35720/04; [2004] ECHR 1396; [2010] ECHR 1973 15 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Luntre and Others -v- Moldova 2916/02; [2004] ECHR 259; [2004] ECHR 259; [2010] ECHR 518 15 Jun 2004 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 (Convention proceedings) - claim rejected [ Bailii ] - [ Bailii ] - [ Bailii ] Â Pasteli and Others -v- Moldova 9863/02; 9898/02 15 Jun 2004 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 (Convention proceedings) - claim rejected 9898/02 ; 9863/02 ; 6255/02 ; 10425/02 Â Piekara -v- Poland 77741/01; [2004] ECHR 261 15 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to the right to an oral hearing ; Non-pecuniary damage - financial award [ Worldlii ] - [ Bailii ] Â S.C. -v- The United Kingdom 60958/00; [2004] ECHR 263; [2004] ECHR 263; [2011] ECHR 1670 15 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] Â G.W. -v- The United Kingdom 34155/96; Times, 09 July 2004; [2004] ECHR 255; [2004] ECHR 255 15 Jun 2004 ECHR Human Rights, Armed Forces, Criminal Practice 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 Naval Discipline Act 1957 1 Cites [ Bailii ] - [ Bailii ] Â Houfova -v- Czech Republic (No. 1) 58177/00; [2004] ECHR 256; [2004] ECHR 256 15 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â S.C. -v- The United Kingdom 60958/00; Times, 29 June 2004 15 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings The claimant was a child aged 11, and complaint was made that he had been tried by an adult court. Held: He was described as having low intelligence, and had not understood the significance of the proceedings. This had the effect of depriving him of an effective opportunity to participate effectively in the proceedings, and thus denied him the right to a fair trial. European Convention on Human Rights 6 1 Cites Â Stepinska -v- France 1814/02; [2004] ECHR 265; [2004] ECHR 265 15 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Sirbu And Others -v- Moldova 73562/01;73565/01;73712/01;...; [2004] ECHR 264; [2004] ECHR 264 15 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â S.C. -v- The United Kingdom 60958/00 15 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Pasteli And Others -v- Moldova 9898/02;9863/02;6255/02;...; [2004] ECHR 260; [2004] ECHR 260 15 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Houfova -v- Czech Republic (No. 2) 58178/00; [2004] ECHR 257; [2004] ECHR 257 15 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â GW -v- United Kingdom Unreported, 15 June 2004; 34155/96 15 Jun 2004 ECHR Human Rights 1 Citers Â Â Regina -v- Special Adjudicator ex parte Ullah; Regina -v- Secretary of State for the Home Department; HL 17-Jun-2004 - [2004] UKHL 26; Times, 18 June 2004; [2004] 3 WLR 23; [2004] 2 AC 323; [2004] INLR 381; [2004] UKHRR 995; [2004] 3 All ER 785 Â Â Regina -v- Sectretary of State for the Home Department ex parte Razgar etc; HL 17-Jun-2004 - [2004] UKHL 27; [2004] 3 WLR 58; Times, 21 June 2004; [2004] 2 AC 369; [2004] 3 All ER 821; [2004] INLR 349 Â Â Zdanoka -v- Latvia; ECHR 17-Jun-2004 - 58278/00; [2004] ECHR 268 Â Grazyna Komorowska -v- Poland 38226/03; [2004] ECHR 732 17 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Â Ghaidan -v- Godin-Mendoza; HL 21-Jun-2004 - [2004] UKHL 30; [2004] 3 WLR 113; [2004] 2 AC 557; [2004] 3 All ER 411; 16 BHRC 671; [2004] 2 FCR 481; [2004] UKHRR 827; [2004] 2 P & CR DG17; [2004] 2 FLR 600; [2004] Fam Law 641; [2004] NPC 100; [2004] 27 EGCS 128 Â Â Broniowski -v- Poland; ECHR 22-Jun-2004 - 31443/96; [2004] ECHR 274; (2005) 40 EHRR 21; 16 BHRC 573 Â Â Aziz -v- Cyprus; ECHR 22-Jun-2004 - 69949/01; [2004] ECHR 271 Â Â Acar -v- Turkey; ECHR 22-Jun-2004 - 39678/98; [2004] ECHR 276 Â Â Koc -v- Turkey; ECHR 22-Jun-2004 - 32580/96; [2004] ECHR 269; [2004] ECHR 269; [2011] ECHR 1667 Â Â Libansky -v- Czech Republic; ECHR 22-Jun-2004 - 48446/99; [2004] ECHR 278 Â Â Aydin And Yunus -v- Turkey; ECHR 22-Jun-2004 - 32572/96;33366/96; [2004] ECHR 270 Â Â Pabla Ky -v- Finland; ECHR 22-Jun-2004 - 47221/99; [2004] ECHR 279; [2006] 42 EHRR 34 Â Â F -v- United Kingdom; ECHR 22-Jun-2004 - 17341/03; [2004] ECHR 723 Â Â Cases of Pini And Bertani And Manera And Atripaldi -v- Romania; ECHR 22-Jun-2004 - 78030/01; [2004] ECHR 275; 78028/01; [2005] Fam Law 697; 40 EHRR 13; (2005) 40 EHRR 13; [2005] 2 FLR 596 Â Â Leszczynska -v- Poland; ECHR 22-Jun-2004 - 47551/99; [2004] ECHR 277 Â Â Bartl -v- Czech Republic; ECHR 22-Jun-2004 - 50262/99; [2004] ECHR 272 Â Â Sahmo -v- Turkey; ECHR 22-Jun-2004 - 37415/97; [2004] ECHR 281 Â Â Ahmet Koc -v- Turkey; ECHR 22-Jun-2004 - 32580/96 Â Â Broadhurst -v- The United Kingdom; ECHR 22-Jun-2004 - 69187/01; [2004] ECHR 273 Â Â Tam -v- Slovakia; ECHR 22-Jun-2004 - 50213/99; [2004] ECHR 282 Â Lesker Acar -v- Turkey 39678/98 22 Jun 2004 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 Â Â Wesolowski -v- Poland; ECHR 22-Jun-2004 - 29687/96; [2004] ECHR 283 Â Pavletic -v- Slovakia 39359/98; [2004] ECHR 280 22 Jun 2004 ECHR Human Rights, Damages, Prisons ECHR Judgment (Merits and just satisfaction) Preliminary objections dismissed (victim, non-exhaustion of domestic remedies) ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; No separate issue under Art. 13 ; No violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award The applicant's detention prior to trial, for a period of two years, had lasted an unreasonably long time. Held: The European court found a violation of article 5(3). There was also a breach of article 5(4) relating to an application which the applicant had made to the public prosecutor to be released on bail. The prosecutor had transmitted the request to the domestic court, which had failed to deal with it. However the applicant's detention on remand had been justified. In dealing with the claim under article 41, it noted that the period spent on remand had been deducted from the prison sentence which the applicant was ordered to serve following his conviction; and the court accepted that the deduction of a period of detention from the ultimate sentence removed the need for any further award in respect of non-pecuniary loss arising from a violation of article 5(3). European Convention on Human Rights 5(3) 1 Citers [ Worldlii ] - [ Bailii ] Â Mehmet Kaya And Others -v- Turkey 54335/00; [2004] ECHR 290; [2004] ECHR 290 24 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Dogan And Keser -v- Turkey 50193/99;50197/99; [2004] ECHR 285; [2004] ECHR 285 24 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â A.W. -v- Poland 34220/96; [2004] ECHR 284; [2004] ECHR 284 24 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Oner And Cavusoglu -v- Turkey 42559/98; [2004] ECHR 292; [2004] ECHR 292 24 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Vergos -v- Greece 65501/01; [2004] ECHR 293; [2004] ECHR 293 24 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Von Hannover -v- Germany; ECHR 24-Jun-2004 - [2004] EMLR 21; 59320/00; [2004] ECHR 294; [2005] ECHR 555; [2005] 40 EHRR 1; (2004) 16 BHRC 545 Â Frommelt -v- Liechtenstein 49158/99; [2004] ECHR 287; [2004] ECHR 287 24 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Freimann -v- Croatia 5266/02; [2004] ECHR 286; [2004] ECHR 286 24 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected [ Bailii ] - [ Bailii ] Â Kresovic -v- Croatia 75545/01; [2004] ECHR 289; [2004] ECHR 289 24 Jun 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Jorgic -v- Croatia 70446/01; [2004] ECHR 288; [2004] ECHR 288 24 Jun 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Jorgic -v- Croatia 70446/01 24 Jun 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) struck out of the list (friendly settlement) Â Kresovic -v- Croatia 75545/01 24 Jun 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Freimann -v- Croatia 5266/02 24 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected Â Frommelt -v- Liechtenstein 49158/99 24 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4 ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Murat Yilmaz -v- Turkey 48992/99; [2004] ECHR 291; [2004] ECHR 291 24 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Evans -v- Amicus Healthcare Ltd & others; CA 25-Jun-2004 - [2004] EWCA Civ 727; Times, 30 June 2004; [2004] Fam Law 647; [2004] 2 FLR 766; [2004] 2 FCR 530; [2004] 3 All ER 1025; (2004) 78 BMLR 181; [2005] Fam 1; [2004] 3 WLR 681 Â Leyla Sahin -v- Turkey 44774/98 29 Jun 2004 ECHR Human Rights Hudoc Preliminary objection dismissed (non-exhaustion of domestic remedies) ; No violation of Art. 9 ; No separate issue under Arts. 8, 10, 14, P1-2 European Convention on Human Rights 9 Â Dogan and Others -v- Turkey 8803/02; [2004] ECHR 296; [2006] ECHR 710; [2004] ECHR 296 29 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objections dismissed (victim, non-exhaustion of domestic remedies, six month period) ; Violation of P1-1 ; Violation of Art. 8 ; Violation of Art. 13 ; Inadmissible under Art. 7 ; Inadmissible under Art. 14 ; Inadmissible under Art. 17 ; Just satisfaction reserved [ Bailii ] - [ Bailii ] - [ Bailii ] Â Voytenko -v- Ukraine 18966/02; [2004] ECHR 302; [2004] ECHR 302 29 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Violation of P1-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings [ Bailii ] - [ Bailii ] Â Kastner -v- Hungary 61568/00; [2004] ECHR 297; [2004] ECHR 297 29 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings ; Inadmissible under Art. 4 ; Inadmissible under Art. 5 ; Inadmissible under Art. 14 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Dogan and Others -v- Turkey 8803/02 29 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objections dismissed (victim, non-exhaustion of domestic remedies, six month period) ; Violation of P1-1 ; Violation of Art. 8 ; Violation of Art. 13 ; Inadmissible under Art. 7 ; Inadmissible under Art. 14 ; Inadmissible under Art. 17 ; Just satisfaction reserved Â Kastner -v- Hungary 61568/00 29 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings ; Inadmissible under Art. 4 ; Inadmissible under Art. 5 ; Inadmissible under Art. 14 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Leyla Sahin -v- Turkey 44774/98; [2004] ECHR 299; (2004) 44 EHRR 99 29 Jun 2004 ECHR Human Rights, Education (Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the Constitution of Turkey. Held: Article 9 does not protect every act motivated or inspired by a religion or belief, and does not 'in all cases' guarantee the right to behave in public in a way 'dictated by a belief'. The court interpreted "prescribed by law" for the purposes of article 9(2): "74. The Court reiterates its established case-law, according to which the words "prescribed by law" not only require that the impugned measure should have some basis in domestic law, but also refer to the quality of the law in question, requiring that it should be accessible to the person concerned and foreseeable as to its effects (see, among many other authorities, Rotaru v Romania [GC], no. 28341/95, §52, ECHR 2000-V) . . . Further, as regards the words "in accordance with the law" and "prescribed by law" which appear in Article 8 to 11 of the Convention, the Court observes that it has always understood the term "law" in its "substantive" sense, not its "formal" one; it has included both "written law", encompassing enactments of lower rank than statutes (De Wilde, Ooms and Versyp v. Belgium, judgment of 18 June 1971, Series A no 12, p. 45, §93) and regulatory measures taken by professional bodies under independent rule-making powers delegated to them by parliament (Barthold v. Germany, judgment of 25 March 1985, Series A no. 90, p.21, §46) and unwritten law. "Law" must be understood to include both statutory and judge-made "law" (see, among other authorities, Sunday Times v. United Kingdom (no 1), judgment of 26 April 1979, Series A no. 30, p. 30, §43). Judge-made law is regarded as a valid source of law under Turkish law." European Convention on Human Rights 9 1 Citers [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] Â Chauvy And Others -v- France 64915/01; [2004] ECHR 295; [2004] ECHR 295 29 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kralicek -v- Czech Republic 50248/99; [2004] ECHR 298 29 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Piven -v- Ukraine 56849/00; [2004] ECHR 300; [2004] ECHR 300 29 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Volesky -v- Czech Republic 63627/00; [2004] ECHR 301; [2004] ECHR 301 29 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Zeynep Tekin -v- Turkey 41556/98; [2004] ECHR 303; [2004] ECHR 303 29 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Zhovner -v- Ukraine 56848/00; [2004] ECHR 304; [2004] ECHR 304; [2011] ECHR 1402 29 Jun 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Voytenko -v- Ukraine 18966/02 29 Jun 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Violation of P1-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings Â Â Syndicat Northcrest -v- Amselem; 30-Jun-2004 - (2004) 241 DLR (4th) 1; [2004] 2 SCR 551 Â Kovacevic -v- Croatia 12775/02; [2004] ECHR 308; [2004] ECHR 308 1 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Santoro -v- Italy 36681/97 1 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P4-2 ; Violation of P1-3 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Santoro -v- Italy 36681/97; [2004] ECHR 309; [2004] ECHR 309 1 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P4-2 ; Violation of P1-3 ; 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 Council of the City of Manchester -v- Sharon Romano, Yvonne Samariz [2004] EWCA (Civ) 834; Times, 27 July 2004; [2004] HLR 878; [2005] 1 WLR 2775 1 Jul 2004 CA Lord Justice Brooke Sir Martin Nourse Lord Justice Jacob Housing, Discrimination, Human Rights The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination. Held: In secure tenancies, the authority had to consider the reasonableness of making a possession order, and in situations where it was enforcing a possession oder, whether it had a discretion, and how that discretion should be enforced. It was necessary to examine both whether there was an actual subjective view that a tenant was a nuisance and also whether that view was objectively justified. In each case the authority had met these requirements, and the appeals against the possession orders were dismissed. The court approved the definition of health as being "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity". Housing Act 1985 Sch2 Gr5 - Disability Discrimination Act 1995 22 - Human Rights Act 1998 3 1 Cites 1 Citers [ Bailii ] Â Â South Buckinghamshire District Council and Another -v- Porter (No 2); HL 1-Jul-2004 - [2004] UKHL 33; Times, 02 July 2004; [2003] 2 AC 558; [2004] 1 WLR 1953; [2004] 4 All ER 775; [2004] 28 EGCS 177; [2004] NPC 108 Â Kovacevic -v- Croatia 12775/02 1 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Bakbak -v- Turkey 39812/98; [2004] ECHR 305; [2004] ECHR 305 1 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Couillard Maugery -v- France 64796/01; [2004] ECHR 306; [2004] ECHR 306 1 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Entreprises Robert Delbrassine S.A. -v- Belgium 49204/99; [2004] ECHR 307; [2004] ECHR 307 1 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Walser -v- France 56653/00; [2004] ECHR 310; [2004] ECHR 310 1 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yesil -v- Turkey 50249/99; [2004] ECHR 311; [2004] ECHR 311 1 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bocancea and Others -v- Moldova 18872/02 6 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Inadmissible under Art. 14 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses (Convention proceedings) - claim rejected Â Bocancea and Others -v- Moldova 18872/02; [2004] ECHR 312; [2004] ECHR 312 6 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Inadmissible under Art. 14 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses (Convention proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Dondarini -v- San Marino 50545/99; [2004] ECHR 313; [2004] ECHR 313 6 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gobry -v- France 71367/01; [2004] ECHR 314; [2004] ECHR 314 6 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Madonia -v- Italy 55927/00; [2004] ECHR 315 6 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Matthew -v-The State [2004] UKPC 33; Times, 14 July 2004; [2005] 1 AC 433 7 Jul 2004 PC Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Mr Justice Edward Zacca Commonwealth, Criminal Sentencing, Human Rights, Constitutional (Trinidad and Tobago) The court questioned the constitutionality of the mandatory death penalty in Trinidad. Held: The constitution of Trinidad, when implemented, forbade cruel and unusual punishment, but also preserved existing penalties. The death penalty was a cruel treatment, but the preservation of existing punishments meant that the mandatory detah penalty for murder was not unconstitutional. The argument otherwise would deny the supremacy of the constitution. 1 Cites 1 Citers [ Bailii ] - [ PC ] Â Vachev -v- Bulgaria 42987/98 8 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion of domestic remedies) ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Basic -v- Croatia 74309/01; [2004] ECHR 316; [2004] ECHR 316 8 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Wohlmeyer Bau Gmbh -v- Austria 20077/02; [2004] ECHR 327 8 Jul 2004 ECHR Human Rights ECJ Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to impartiality and under Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings [ Worldlii ] - [ Bailii ] Â Katsoulis and Others -v- Greece 66742/01; [2004] ECHR 321; [2005] ECHR 755; [2004] ECHR 321; [2005] ECHR 755 8 Jul 2004 ECHR Human Rights Hudoc Violation of P1-1 ; Violation of Art. 6-1 ; Just satisfaction reserved [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Vachev -v- Bulgaria 42987/98; [2004] ECHR 325 8 Jul 2004 ECHR Human Rights ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion of domestic remedies) ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Worldlii ] - [ Bailii ] Â Djangozov -v- Bulgaria 45950/99 8 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 8 ; Violation of Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Djangozov -v- Bulgaria 45950/99; [2004] ECHR 317 8 Jul 2004 ECHR Human Rights ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 8 ; Violation of Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses partial award [ Worldlii ] - [ Bailii ] Â Basic -v- Croatia 74309/01 8 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Wohlmeyer Bau Gmbh -v- Austria 20077/02 8 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of the proceedings ; Inadmissible under Art. 6-1 with regard to impartiality and under Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Katsoulis and Others -v- Greece 66742/01 8 Jul 2004 ECHR Human Rights Hudoc Violation of P1-1 ; Violation of Art. 6-1 ; Just satisfaction reserved Â James Mcgregor Fairlie -v- Perth and Kinross Healthcare NHS Trust [2004] ScotCS 174 8 Jul 2004 IHCS Lord Kingarth Scotland, Human Rights A claim for damages might perhaps have been pleaded under article 8 of the European Convention, but since the pursuer's claim was in effect for loss of reputation, the claim in negligence was bound to fail even if the judge had not held, as he did in para 30 of his judgment, that no duty of care was owed to the father. 1 Cites 1 Citers [ ScotC ] - [ Bailii ] Â Kalkanis -v- Greece 67591/01; [2004] ECHR 319; [2004] ECHR 319 8 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kliafas And Others -v- Greece 66810/01; [2004] ECHR 322; [2004] ECHR 322; [2010] ECHR 2233 8 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Lazarou -v- Greece 66808/01; [2004] ECHR 323; [2004] ECHR 323 8 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ilascu and Others -v- Moldova and Russia 48787/99; (2005) 40 EHRR 46; [2004] ECHR 318 8 Jul 2004 ECHR Human Rights, International (Grand Chamber) The two contracting states disputed the status of secessionist territory in Moldova called the Moldovian Republic of Transdniestria, which had been set up in 1991-2 with the support of the Russian Federation. The question was whether Russia or Moldova or both were responsible for alleged breaches of the ECHR in that territory. Held. The Court restated the principles whereby a state may be fixed with responsibility under the Convention in respect of extra-territorial military activities: "The Court has accepted that in exceptional circumstances the acts of Contracting States performed outside their territory or which produce effects there may amount to exercise by them of their jurisdiction within the meaning of art 1 of the Convention. According to the relevant principles of international law, a State's responsibility may be engaged where, as a consequence of military action – whether lawful or unlawful – it in practice exercises effective control of an area situated outside its national territory. The obligation to secure, in such an area, the rights and freedoms set out in the Convention derives from the fact of such control, whether it be exercised directly, through its armed forces, or through a subordinate local administration [Loizidou v Turkey (Merits) para 52]. It is not necessary to determine whether a Contracting Party actually exercises detailed control over the policies and actions of the authorities in the area situated outside its national territory, since even overall control of the area may engage the responsibility of the Contracting Party concerned (ibid, ..., para 56). Where a Contracting State exercises overall control over an area outside its national territory its responsibility is not confined to the acts of its soldiers or officials in that area but also extends to acts of the local administration which survives there by virtue of its military and other support (see Cyprus v Turkey, [2001] ECHR 25781/94, para 77)." 1 Citers [ Bailii ] - [ Bailii ] Â Pronk -v- Belgium 51338/99; [2004] ECHR 324; [2004] ECHR 324 8 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Vo -v- France; ECHR 8-Jul-2004 - 53924/00; [2004] ECHR 326; (2005) 40 EHRR 12 Â Corden, Re an Application for Judicial Review [2004] NIQB 44 9 Jul 2004 QBNI Weatherup J Northern Ireland, Prisons, Human Rights On his return to the Young Offenders Institution, the applicant was found with positive indications of contact with drugs, and he was removed from association. He complained that his human rights had been infringed, contending that the "right" in issue was the right to association, being the right to maintain relationships with other prisoners as an aspect of the right to private life under Article 8 and the right to liberty within the confines of the prison. Held: The decision in issue did not involve a criminal charge or a civil right and Article 6 is not applicable. 1 Citers [ Bailii ] Â Lough and others -v- First Secretary of State Bankside Developments Ltd [2004] EWCA Civ 905; Times, 29 July 2004; [2004] 1 WLR 2557 12 Jul 2004 CA Lord Justice Pill Lord Justice Keene And Lord Justice Scott Baker Planning, Human Rights The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights of amenity existed. Here the interference with rights was not by the state, but another private individual. Article 8 made no significant impact upon the task to be performed by the Inspector. The Inspector struck a balance which was entirely in accord with the requirements of Article 8 and the jurisprudence under it. European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â Guzicka -v- Poland 55383/00 13 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Zynger -v- Poland 66096/01 13 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the first proceedings ; Violation of Art. 6-1 with regard to the second proceedings ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Â Arscott and others -v- Coal Authority and Another; CA 13-Jul-2004 - [2004] EWCA Civ 892; [2005] Env LR6 Â Temel -v- Turkey 37047/97; [2004] ECHR 336; [2004] ECHR 336 13 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Rezette -v- Luxembourg 73983/01; [2004] ECHR 335; [2004] ECHR 335 13 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â K. -v- Turkey 29298/95; [2004] ECHR 332; [2004] ECHR 332 13 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Erkek -v- Turkey 28637/95; [2004] ECHR 330; [2004] ECHR 330 13 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pla and Puncernau -v- Andorra 69498/01; [2004] ECHR 334 13 Jul 2004 ECHR Human Rights, Wills and Probate, Adoption A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to pass to the children and grandchildren of the testatrix's daughters. She died in 1949. In 1995 Francesc-Xavier made a will in favour of his wife, but in a codicil he left the assets inherited under his mother's will to his wife for life and then to their adopted son Antoni, who was born in 1966 and adopted by them, in Spain, in 1969. The assets were described in the report as real estate. Francesc-Xavier died in 1996. Two great-granddaughters of the testatrix applied to the Tribunal des Batlles to have the codicil declared void. That Tribunal dismissed the application on the basis that the case was governed by the testatrix's intention determined by the terms of her will, that there was no statutory or constitutional provision relating to adopted children at that time in Andorra, that customary law was derived partly from Roman law under which adopted children ranked equally with natural-born children, and accordingly the testatrix, by making no express exclusion of adopted children, should not be taken to have excluded them by implication. I understand that legislation was introduced in 1958 putting adopted children on an equality, but that this did not affect the matter. The great-granddaughters appealed, and in 2000 the High Court of Justice allowed the appeal and set aside the codicil in its entirety. It agreed that the matter was governed by the testatrix's expressed intention when she made her will, and that Antoni could not rely on the legislation of 1958. But it was significant that in the first half of the 20th century adoption was virtually unknown in Andorra, that provisions of Roman law 'could not easily be transposed' to Andorran families living at that time, that in any event the relevant Spanish legislation (under which Antoni had been adopted) gave an adopted child rights of inheritance from his or her adoptive parents but not from more remote family members; so that, by not explicitly including adopted children, the testatrix should not be taken to have intended to include her son's adopted son. Antoni and his mother made two attempts to have this ruling annulled by the national courts in Andorra, but those attempts failed. They then brought the claim in the ECHR, saying that the appeal court had acted in breach of articles 8 and 14 by allowing the appeal from the decision of the Tribunal, and they maintained that the case should be governed by private law in the light of Andorran law in force in 1996, when Francesc-Xavier died, and the Convention. The ECHR took the relevant national legislation to be that in force in 1939 and 1949 (rather than 1996). The government of Andorra took a preliminary point that no relevant 'family life' was affected because Antoni had been adopted 20 years after the testatrix had died, but the ECHR ruled unanimously that inheritance by children and grandchildren does fall within the scope of article 8, The Court was divided on the main issue, with a majority concluding that Antoni's rights under articles 8 and 14 had been infringed, but with two members of the court, namely Judge Bratza and Judge Garlicki, dissenting. The majority began by pointing out that previous cases of this kind before the ECHR had concerned the discriminatory effect of statutes in various member states, whereas the instant case related to the interpretation or construction of a testamentary disposition. They went on to record the principle that domestic law should normally be determined by the domestic courts, all the more so with a disposition such as a will. 'Accordingly . . an issue of interference with private and family life could only arise under the Convention if the national courts' assessment of the facts or domestic law were manifestly unreasonable or arbitrary or blatantly inconsistent with the fundamental principles of the Convention.' The majority went on to find that the decision of the appeal court was blatantly inconsistent with the Convention: 'In the present case the Court observes that the legitimate and canonical nature of the marriage contracted by the first applicant's father [Francesc-Xavier] is indisputable. The sole remaining question is therefore whether the notion of 'son' in [the testatrix's] will extended only, as the [appeal court] maintained, to biological sons. The Court cannot agree with that conclusion of the Andorran appellate court. There is nothing in the will to suggest that the testatrix intended to exclude adopted grandsons. The Court understands that she could have done so, but as she did not the only possible and logical conclusion is that this was not her intention. 'The [appeal court's] interpretation of the testamentary disposition, which consisted in inferring a negative intention on the part of the testatrix and concluding that since she did not expressly state that she was not excluding adopted sons this meant that she did intend to exclude them, appears over contrived and contrary to the general legal principle that where a statement is unambiguous there is no need to examine the intention of the person who made it. Admittedly, the Court is not in theory required to settle disputes of a purely private nature. That being said, in exercising the European supervision incumbent on it, it cannot remain passive where a national court's interpretation of a legal act, be it a testamentary disposition, a private contract, a public document, a statutory provision or an administrative practice appears unreasonable, arbitrary or, as in the present case, blatantly inconsistent with the prohibition of discrimination established by Article 14 and more broadly with the principles underlying the Convention. In the present case the [appeal court's] interpretation of the testamentary disposition in question had the effect of depriving the first applicant [Antoni] of his right to inherit under his grandmother's estate and benefiting his cousin's daughters in this regard. Furthermore, the setting aside of the codicil of 3 July 1995 also resulted in the second applicant [Antoni's mother] losing her right to the life tenancy of the estate assets left her by her late husband. Since the testamentary disposition, as worded by [the testatrix], made no distinction between biological and adopted children it was not necessary to interpret it in that way. Such an interpretation therefore amounts to the judicial deprivation of an adopted child's inheritance rights.' 'The Court reiterates that the Convention, which is a dynamic text and entails positive obligations for states, is a living instrument, to be interpreted in the light of present-day conditions and that great importance is attached today in the Member States of the Council of Europe to the question of equality between children born in and children born out of wedlock as regards their civil rights. Thus, even supposing that the testamentary disposition in question did require an interpretation by the domestic courts, that interpretation could not be made exclusively in the light of the social conditions existing when the will was made or at the time of the testatrix's death, namely in 1939 and 1949, particularly where a period of 57 years had elapsed between the date when the will was made and the date on which the estate passed to the heirs. Where such a long period has elapsed, during which profound social, economic and legal changes have occurred, the courts cannot ignore these new realities. The same is true with regard to wills : any interpretation should endeavour to ascertain the testator's intention and render the will effective, while bearing in mind that "the testator cannot be presumed to have meant what he did not say" and without overlooking the importance of interpreting the testamentary disposition in the manner that most closely corresponds to domestic law and to the Convention as interpreted in the Court's case law.' European Convention on Human Rights 1 Citers [ Worldlii ] - [ Bailii ] Â Beneficio Cappella Paolini -v- San Marino 40786/98; [2004] ECHR 328; [2004] ECHR 328 13 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Guzicka -v- Poland 55383/00; [2004] ECHR 331; [2004] ECHR 331 13 Jul 2004 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 Zuzcak and Zuzcakova -v- Slovakia 48814/99 13 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of one set of proceedings ; Inadmissible under Art. 6-1 with regard to impartiality and fairness and the length of the second set of proceedings ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Zuzcak and Zuzcakova -v- Slovakia 48814/99; [2004] ECHR 339; [2004] ECHR 339 13 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the length of one set of proceedings ; Inadmissible under Art. 6-1 with regard to impartiality and fairness and the length of the second set of proceedings ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Tomkova -v- Slovakia 51646/99; [2004] ECHR 337 13 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Worldlii ] - [ Bailii ] Â Lislawska -v- Poland 37761/97; [2004] ECHR 333; [2004] ECHR 333 13 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected [ Bailii ] - [ Bailii ] Â Zarakolu And Belge Uluslararasi Yayincilik -v- Turkey 26971/95;37933/97; [2004] ECHR 338 13 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Aysenur Zarakolu and Others -v- Turkey 26971/95; 37933/97 13 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Violation of Art. 6-1 ; Not necessary to examine Art. 13 ; Not necessary to examine P1-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Zynger -v- Poland 66096/01; [2004] ECHR 340; [2004] ECHR 340 13 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 with regard to the first proceedings ; Violation of Art. 6-1 with regard to the second proceedings ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Ciszewski -v- Poland 38668/97; [2004] ECHR 329; [2004] ECHR 329 13 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lislawska -v- Poland 37761/97 13 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected Â Colak -v- Turkey (No. 1) 52898/99; [2004] ECHR 344; [2004] ECHR 344 15 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ornek and Eren -v- Turkey 41306/98; [2004] ECHR 353; [2004] ECHR 353 15 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Dorontic -v- Croatia 4938/02; [2004] ECHR 346; [2004] ECHR 346 15 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Martic -v- Croatia 12815/02 15 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Dorontic -v- Croatia 4938/02 15 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Ornek and Eren -v- Turkey 41306/98 15 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Aksac -v- Turkey 41956/98 15 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 6-3-b ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award Â Bednarska -v- Poland 53413/99; [2004] ECHR 343; [2004] ECHR 343 15 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Martic -v- Croatia 12815/02; [2004] ECHR 350; [2004] ECHR 350 15 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Asuman Aydin -v- Turkey 40261/98; [2004] ECHR 342; [2004] ECHR 342 15 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Aksac -v- Turkey 41956/98; [2004] ECHR 341; [2004] ECHR 341 15 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Not necessary to examine Art. 6-3-b ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Colak -v- Turkey (No. 2) 53530/99; [2004] ECHR 345; [2004] ECHR 345 15 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pothoulakis -v- Greece 16771/02; [2004] ECHR 355; [2004] ECHR 355 15 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Houria Abbas -v- France 49532/99; [2004] ECHR 348; [2004] ECHR 348 15 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nastos -v- Greece 6711/02; [2004] ECHR 351; [2004] ECHR 351 15 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â O. -v- Turkey 28497/95; [2004] ECHR 352; [2004] ECHR 352 15 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Patrianakos -v- Greece 19449/02; [2004] ECHR 354; [2004] ECHR 354 15 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Haydar Yildirim And Others -v- Turkey 42920/98; [2004] ECHR 347; [2004] ECHR 347 15 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Vayopoulou -v- Greece 19431/02; [2004] ECHR 358; [2004] ECHR 358 15 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Davidson -v- Scottish Ministers 2004 GWD 27-572; [2004] UKHL 34; Times, 16 July 2004; 2005 1 SC (HL) 7; 2004 SLT 895; [2004] UKHRR 1079; [2004] HRLR 34; [2005] ACD 19; 2004 SCLR 991 15 Jul 2004 HL Lord Bingham of Cornhill, Lord Woolf, Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Cullen of Whitekirk Prisons, Human Rights, Scotland The claimant had sought damages for the conditions in which he had been held in prison in Scotland. He later discovered that one of the judges had acted as Lord Advocate representing as to the ability of the new Scottish Parliamentary system to resist claims for damages, and now complained of bias. Held: Though the particular judge was clearly above criticism, a "fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased." It would be difficult to lay down a clear line, but in this case, a litigant might he would be affected by a desire in the judge not to breach a promise he had made to the Scottish Parliament. In many cases, a judge having declared his previous actions would be welcomed by the parties, but if not, he should be ready to recuse himself if necessary. Lord Bingham of Cornhill said: "The rule of law requires that judicial tribunals established to resolve issues arising between citizen and citizen, or between the citizen and the state, should be independent and impartial. This means that such tribunals should be in a position to decide such issues on their legal and factual merits as they appear to the tribunal, uninfluenced by any interest, association or pressure extraneous to the case. Thus a judge will be disqualified from hearing a case (whether sitting alone, or as a member of a multiple tribunal) if he or she has a personal interest which is not negligible in the outcome, or is a friend or relation of a party or a witness, or is disabled by personal experience from bringing an objective judgment to bear on the case in question. Where a feature of this kind is present, the case is usually categorised as one of actual bias. But the expression is not a happy one, since bias suggests malignity or overt partiality, which is rarely present. What disqualifies the judge is the presence of some factor which could prevent the bringing of an objective judgment to bear, which could distort the judge's judgment." 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Scordino -v- Italy (No. 2) 36815/97; [2004] ECHR 356 15 Jul 2004 ECHR Human Rights, Prisons European Convention on Human Rights 1 Citers [ Worldli ] - [ Bailii ] Â Theodoropoulos And Others -v- Greece 16696/02; [2004] ECHR 357; [2004] ECHR 357 15 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nadarajah Senthuran -v- Secretary of State for the Home Department [2004] EWCA Civ 950; Times, 03 August 2004; [2005] 1 FLR 229 16 Jul 2004 CA The President Immigration, Human Rights The claimant appealed refusal of his claim for asylum, saying that an order for his removal would breach his article 8 rights in separating him from his family. Held: The Tribunal was wrong to think that Advic said that family ties could never give rise to an article 8 infringement on removal. The issue was one of fact in each case. The applicant had lived with one or other of his siblings since arrival, and there would be a fresh hearing. 1 Cites 1 Citers [ Bailii ] Â K. -v- Italy 38805/97 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion of domestic remedies) ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award Â Mehmet Emin Yuksel -v- Turkey 40154/98 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Violation of Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses award Â Kreuz -v- Poland (No. 2) 46245/99 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Wrobel -v- Poland 46002/99 20 Jul 2004 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 Â Balogh -v- Hungary 47940/99; [2004] ECHR 361; [2004] ECHR 361; [2011] ECHR 2404 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) PrÃ©liminary objection rejected (non-exhaustion of domestic remedies) ; Violation of Art. 3 ; No violation of Art. 13 ; No violation of Art. 6-1 ; No violation of Art. 14 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] - [ Bailii ] Â Radek -v- Poland 30311/02; [2004] ECHR 372; [2004] ECHR 372 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Manasson -v- Sweden 41265/98 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Hrico -v- Slovakia 49418/99; [2004] ECHR 365 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award There is little scope under article 10(2) of the Convention for restrictions on political speech or on debate on questions of public interest. European Convention on Human Rights 10 1 Citers [ Bailii ] - [ Bailii ] Â Â Back -v- Finland; ECHR 20-Jul-2004 - 37598/97; [2004] ECHR 360 Â Croitoru -v- Moldova 18882/02; [2004] ECHR 363; [2004] ECHR 363 20 Jul 2004 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 [ Bailii ] - [ Bailii ] Â Eastaway -v- The United Kingdom 74976/01; Times, 09 August 2004; [2004] ECHR 364; [2004] ECHR 364 20 Jul 2004 ECHR Human Rights, Company The applicant had been proceeded against after the collapse of companies in which he was involved with very substantial debts. The proceedings had begun in July 1990, and lasted nearly nine years. Held: Where proceedings could be expected to have an adverse effect on the applicant's reputation and ability to practice his profession, special diligence was required to act with expedition. The applicant had pursued appeals himself which had failed, and criticism of him for this was incorrect, the solution being to exclude an appropriate period from the time calculation. There had been a violation of the applicant's article 6 rights. European Convention on Human Rights 6.1 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â W.K. -v- Italy 38805/97; [2004] ECHR 367; [2004] ECHR 367 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion of domestic remedies) ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Mehmet Emin Yuksel -v- Turkey 40154/98; [2004] ECHR 370 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 ; Violation of Art. 13 ; Non-pecuniary damage - financial award ; Costs and expenses award [ Bailii ] - [ Bailii ] Â Wrobel -v- Poland 46002/99; [2004] ECHR 374; [2004] ECHR 374 20 Jul 2004 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 Shmalko -v- Ukraine 60750/00 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings Â Manasson -v- Sweden 41265/98; [2004] ECHR 369 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Nikitin -v- Russia 50178/99; [2004] ECHR 371; [2004] ECHR 371 20 Jul 2004 ECHR Human Rights Hudoc No violation of P7-4 ; No violation of Art. 6-1 [ Bailii ] - [ Bailii ] Â Kay, Gorman, etc -v- London Borough of Lambeth, London & Quadrant Housing Trust [2004] EWCA Civ 926; Times, 26 July 2004; [2005] QB 352; [2004] 3 WLR 1396 20 Jul 2004 CA Lord Justice Auld Lord Justice Latham Lady Justice Arden Housing, Local Government, Human Rights The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the authority once the trusts licence was revoked. Held: The properties were short life properties, being scheduled for eventual demolition. The original arrangement was informal being only later reduced to writing in a formal licence. There was no basis for saying that a non-secure licence became a secure tenancy on the revocation of the head lease. The trust acted as principal and not as the authority's agent. As to the tenants' claims under article 8 of the Convention: "The fact is that Lambeth has an unqualified right to possession. And on the basis of the majority opinions in Qazi by which we are bound that is a sufficient answer to the claims under Article 8" As to eth Connors decision: (Auld LJ) "Whilst there is, in those general statements of principle, some support for the argument of Mr Luba, they cannot, it seems to us, affect this court's assessment of the decision in Qazi. The general statement of principle in paragraph 83 of the Court's judgment is based upon the Court's decisions in Buckley, and Chapman, to which it refers, both of which were cited to and considered by the House of Lords in Qazi. Connors is therefore only of assistance to the courts of this country in relation to cases involving gypsies." Housing Act 1985 Part IV 1 Cites 1 Citers [ Bailii ] Â Absandze -v- Georgia 57861/00; [2004] ECHR 359; [2004] ECHR 359 20 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Carries -v- France 74628/01; [2004] ECHR 362; [2004] ECHR 362 20 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kreuz -v- Poland (No. 2) 46245/99; [2004] ECHR 368 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Worldlii ] - [ Bailii ] Â Nikitin -v- Russia 50178/99 20 Jul 2004 ECHR Human Rights Hudoc No violation of P7-4 ; No violation of Art. 6-1 Â Radek -v- Poland 30311/02 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Hrico -v- Slovakia 49418/99 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Balogh -v- Hungary 47940/99 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) PrÃ©liminary objection rejected (non-exhaustion of domestic remedies) ; Violation of Art. 3 ; No violation of Art. 13 ; No violation of Art. 6-1 ; No violation of Art. 14 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings Â Shmalko -v- Ukraine 60750/00; [2004] ECHR 373; [2004] ECHR 373 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of P1-1 ; 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 Croitoru -v- Moldova 18882/02 20 Jul 2004 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 Â K -v- Italy 38805/97 20 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion of domestic remedies) ; Violation of Art. 6-1 ; Non-pecuniary damage - financial award Â Whitmey, Regina (on the Application of) -v- the Commons Commissioners [2004] EWCA Civ 951; Times, 10 August 2004 21 Jul 2004 CA Land, Human Rights The applicant sought to leave to appeal against refusal of his challenge to the registration of land as a green. Held: The 1965 Act did not limit the registration of greens to those which were registered by 3 January 1970. The Commons Commissioners have no jurisdiction in a dispute arising under section 13. The 1969 Regulations clearly required anyone adversely affect to be heard, and they were Human Rights compliant. The registration authority made decisions which did affect landowners, but it had power to hold an inquiry. Leave to appeal refused. Commons Registration Act 1965 13 - Commons Registration (New Land) Regulations 1969 6 1 Cites [ Bailii ] Â Muhey Yasar And Others -v- Turkey 36973/97; [2004] ECHR 378; [2004] ECHR 378 22 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Government of the United States of America -v- Barnette and Montgomery (No 2); HL 22-Jul-2004 - [2004] UKHL 37; [2004] 4 All ER 289; [2004] 1 WLR 2241 Â Zhbanov -v- Bulgaria 45563/99; [2004] ECHR 379; [2004] ECHR 379 22 Jul 2004 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 S, Regina (on Application of) -v- South Yorkshire Police; Regina -v- Chief Constable of Yorkshire Police ex parte Marper; HL 22-Jul-2004 - [2004] UKHL 39; Times, 23 July 2004; [2004] 1 WLR 2196; [2004] 4 All ER 193; [2004] UKHRR 967 Â Hadjikostova -v- Bulgaria (No. 2) 44987/98; [2004] ECHR 377; [2004] ECHR 377 22 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Zhbanov -v- Bulgaria 45563/99 22 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Jude Roshan Perera -v- Secretary of State for the Home Department [2004] EWCA Civ 1002 23 Jul 2004 CA Lord Justice Judge Lord Justice Pill Lord Justice Neuberger Immigration, Human Rights [ Bailii ] Â Muity -v- Hungary 31802/04; [2008] ECHR 633 26 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Regina (on the Application of Susan Joan Smith) -v- Secretary of State for Defence - and -Secretary of State for Work and Pensions [2004] EWHC 1797 (Admin) 26 Jul 2004 QBD Mr Justice Wilson Family, Discrimination, Human Rights The claimant was divorced from her husband, a member of the armed forces, and was to receive a share of his pension. She complained that although he had been able to take his share of the pension early, she had been obliged to wait. Held: There was no discrimination. The provisions fell within the ambit of article 8, but there was no infringement. The alternative might lead to absurd results. The scheme was clear, and could be allowed for as necessary in the negotiations in the divorce, though in this case no external transfer of the rights was available to the claimant. Pension Schemes Act 1993 101C(1) 101B - European Convention on Human Rights 8 1 Citers [ Bailii ] Â Romashov -v- Ukraine 67534/01 27 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Inadmissible under Art. 17 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Celik -v- Turkey 41993/98 27 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) Â Agdas -v- Turkey 34592/97 27 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; No violation of Art. 2 with regard to death ; Violation of Art. 2 with regard to lack of effective investigation ; Not necessary to examine Art. 6 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â L. -v- Poland 44189/98 27 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Inadmissible under Art. 2 ; Inadmissible under Art. 3 ; Inadmissible under Art. 6 ; Inadmissible under Art. 8 ; Inadmissible under Art. 14 ; Inadmissible under P1-2 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award Â Slimani -v- France 57671/00; [2004] ECHR 396; (2006) 43 EHRR 49 27 Jul 2004 ECHR Human Rights A Tunisian was committed to a psychiatric hospital on several occasions. He died while detained in a detention centre awaiting deportation. The applicant complained that there had been a violation of article 2 on two grounds: the detention centre had not been equipped with the necessary medical facilities, and the doctors had failed to administer the appropriate treatment. Held: The substantive complaint was rejected on the ground of non-exhaustion of the available domestic remedies. However article 2 obliged a State to take appropriate steps to safeguard the lives of those within its jurisdiction: "The obligations on Contracting States take on a particular dimension where detainees are concerned since detainees are entirely under the control of the authorities. In view of their vulnerability, the authorities are under a duty to protect them." and "besides the health of prisoners, their well-being also has to be adequately secured, given the practical demands of imprisonment. In this context account has to be taken of the particular vulnerability of mentally ill persons. These guarantees must, by analogy, benefit other persons deprived of their liberty, such as persons placed in administrative detention." European Convention on Human Rights 2 1 Citers [ Bailii ] - [ Bailii ] Â Sidabras and Dziautas -v- Lithuania 59330/00; [2004] ECHR 395; 55480/00; (2004) 42 EHRR 104 27 Jul 2004 ECHR Human Rights Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in conjunction with Article 14. The Government submitted that Article 8 was not applicable as it did not guarantee a right to retain employment or to choose a profession. The court referred to Peck and to Niemietz v Germany, where it was said at paragraph 29 that there appeared to be no reason of principle why the understanding of the notion of "private life" should be taken to exclude activities of a professional or business nature. It is, after all, in the course of their working lives that the majority of people have a significant, if not the greatest, opportunity of developing relationships with the outside world. The court considered (paragraph 47) that a far-reaching ban on taking up private-sector employment does affect private life. Held: "… the impugned ban affected, to a significant degree, the possibility for the applicants to pursue various professional activities and that there were consequential effects on the enjoyment of their right to respect for their "private life" within the meaning of Article 8." European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] Â Ikincisoy -v- Turkey 26144/95 27 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 with regard to death ; Violation of Art. 2 with regard to lack of effective investigation ; No violation of Art. 3 ; Not necessary to examine Art. 6-1 ; No violation of Art. 5 with regard to relatives of applicants ; No violation of Art. 5 with regard to first applicant ; Violation of Art. 5-3 with regard to second applicant ; Violation of Art. 5-4 with regard to second applicant ; Violation of Art. 5-5 with regard to second applicant ; No violation of Arts. 8, 9 and 14 ; Violation of Art. 13 ; Failure to comply with obligations under Art. 34 (former Art. 25) ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses partial award Â Karakas And Others -v- Turkey 35077/97; [2004] ECHR 389; [2004] ECHR 389 27 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kurkcu -v- Turkey 43996/98; [2004] ECHR 390; [2004] ECHR 390 27 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Irey -v- Turkey 58057/00; [2004] ECHR 388; [2004] ECHR 388 27 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bialy -v- Poland 52040/99; [2004] ECHR 384; [2004] ECHR 384 27 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Sidabras And Dziautas -v- Lithuania; ECHR 27-Jul-2004 - 59330/00; [2004] ECHR 395; 55480/00; (2004) 42 EHRR 104 Â A.A. And Others -v- Turkey 30015/96; [2004] ECHR 380; [2004] ECHR 380 27 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Adamscy -v- Poland 49975/99; [2004] ECHR 381; [2004] ECHR 381 27 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Agirag And Others -v- Turkey 35982/97; [2004] ECHR 383; [2004] ECHR 383 27 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pfleger -v- Czech Republic 58116/00; [2004] ECHR 392; [2004] ECHR 392 27 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ikincisoy -v- Turkey 26144/95; [2004] ECHR 387; [2004] ECHR 387 27 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Agdas -v- Turkey 34592/97; [2004] ECHR 382; [2004] ECHR 382 27 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â L. -v- Poland 44189/98; [2004] ECHR 391; [2004] ECHR 391 27 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Inadmissible under Art. 2 ; Inadmissible under Art. 3 ; Inadmissible under Art. 6 ; Inadmissible under Art. 8 ; Inadmissible under Art. 14 ; Inadmissible under P1-2 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Celik -v- Turkey 41993/98; [2004] ECHR 385; [2004] ECHR 385 27 Jul 2004 ECHR Human Rights Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement) [ Bailii ] - [ Bailii ] Â Romashov -v- Ukraine 67534/01; [2004] ECHR 393; [2004] ECHR 393 27 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Inadmissible under Art. 17 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award [ Bailii ] - [ Bailii ] Â Gascoyne -v- Customs and Excise and Another [2004] EWCA Civ 1162; [2005] 2 WLR 222; [2005] Ch 215 28 Jul 2004 CA Brooke LJ VP, Buxton LJ, Carbwath LJ Customs and Excise, Human Rights The Commissioners had found what they considered to be an excess of dutiable goods brought into the country by the tax payer, and had forfeited the car. The court considered the effect of the Gora case. Held: The difficult statements in Gora were obiter. In a case where the deeming provisions under paragraph 5 are applied, the tribunal can reopen those issues: though the tribunal will always have very well in mind, considerations of, or similar to, abuse of process in considering whether such issues should in fact be ventilated before it. The notice was to be read in its context to see whether it raised the issue that the goods were solely for the importer's personal use. The letter to the customs was a notice of claim. There is a 'very unsatisfactory mismatch of the two statutory procedures derived from different historical sources. That is something which only the legislature can correct. ' It was open to the tribunal to consider issues of proportionality. Here however the appeal was dismissed. While an importer was not completely shut out from raising own use before the Tribunal, the Tribunal would have to be very conscious of issues of abuse of process when deciding that this could be done. Buxton LJ drew attention to the impact of the Convention on the tribunal's jurisdiction. In particular, he said that the potential impact of Article 1 of the First Protocol protecting rights of property is that the deeming provisions of the 1979 Act may not adequately enable the owner to assert his Convention rights. The deeming consequences may not therefore be paramount in every case. They may not necessarily prevent any further consideration by the FTT of the issues of fact relating to the purpose of the importation and the legality of the seizure. The FTT may allow those issues to be re-opened on hearing a restoration appeal, but must also bear in mind general considerations of, or similar to, abuse of process. Excise Duties (Personal Reliefs) Order 1992 - Customs and Excise Management Act 1979 3 139 1141 - European Convention on Human Rights 1 1 Cites 1 Citers [ Bailii ] Â Blecic -v- Croatia 59532/00; [2004] ECHR 397; (2005) 41 EHRR 185 29 Jul 2004 ECHR Human Rights, Housing The applicant had for many years before 1992 had a protected tenancy of a publicly-owned flat in Zadar. Under Croatian law a specially-protected tenancy might be terminated if the tenant ceased to occupy the flat for a continuous period of six months, but not if the tenant's failure was attributable to medical treatment, military service or "other justified reasons". The applicant left to visit her daughter in Rome. War then intervened, conditions in Zadar were bad, and the applicant did not return until a time by which another occupant had, without permission, moved into the flat. The local authority had already initiated proceedings to terminate the tenancy. The applicant claimed that she had had justified reasons for not using the flat. This was accepted by an intermediate court, but rejected at first instance and by the Supreme Court. Thus, without justified reasons, the applicant had no grounds for resisting the termination of her tenancy. Held: The premises in question were, for purposes of article 8, the applicant's home. The facts disclosed an interference with the applicant's right to respect for her home. Under the domestic property law there was no arguable defence to the claim once she had been found to have no justified reasons for her absence. The court considered, at some length, the excepting conditions in article 8. The interference had a legitimate aim. The interference was necessary in a democratic society, namely whether the interference answered a pressing social need and was proportionate to the legitimate aim pursued. The Court respected the margin of appreciation accorded to national authorities and found that the applicant had had a fair opportunity to put forward her views and resist the claim made against her. The claim was inadmissible. "State intervention in socio-economic matters such as housing is often necessary in securing social justice and public benefit. In this area, the margin of appreciation available to the State in implementing social and economic policies is necessarily a wide one. The domestic authorities' judgment as to what is necessary to achieve the objectives of those policies should be respected unless that judgment is manifestly without reasonable foundation. Although this principle was originally set forth in the context of complaints under article 1 of Protocol No 1 . . the State enjoys an equally wide margin of appreciation as regards respect for the home in circumstances such as those prevailing in the present case, in the context of article 8. Thus, the Court will accept the judgment of the domestic authorities as to what is necessary in a democratic society unless that judgment is manifestly without reasonable foundation, that is, unless the measure employed is manifestly disproportionate to the legitimate aim pursued." European Convention on Human Rights 8 1 Citers [ Bailii ] - [ Bailii ] Â O'Reilly and Others -v- Ireland 54725/00; [2004] ECHR 407; [2004] ECHR 407 29 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â McMullen -v- Ireland 42297/98; [2004] ECHR 404 29 Jul 2004 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 San Leonard Band Club -v- Malta 77562/01; [2004] ECHR 411; [2004] ECHR 411 29 Jul 2004 ECHR Human Rights [ Bailii ] - [ Bailii ] Â Mehmet Sirin Yilmaz -v- Turkey 35875/97; [2004] ECHR 405; [2004] ECHR 405 29 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) [ Bailii ] - [ Bailii ] Â Cevizovic -v- Germany 49746/99; [2004] ECHR 399; [2004] ECHR 399 29 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel) ; Violation of Art. 5-3 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings [ Bailii ] - [ Bailii ] Â Rouard -v- Belgium 52230/99; [2004] ECHR 410 29 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Suleyman Yildirim -v- Turkey 40518/98; [2004] ECHR 413; [2004] ECHR 413 29 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Violation of Art. 6-1 ; Not necessary to examine Art. 6-3-c ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award (with regard to Art. 5-3) ; Non-pecuniary damage - finding of violation sufficient (with regard to Art. 6-1) ; Costs and expenses partial award [ Bailii ] - [ Bailii ] Â Scordino -v- Italy (2006) 45 EHRR 207; 36813/97; [2004] ECHR 412 29 Jul 2004 ECHR Human Rights, Prisons, Damages (French Text) Grand Chamber. In the context of unreasonable delay in violation of article 6(1), there was a strong but rebuttable presumption that excessively long proceedings would occasion non-pecuniary damage. European Convention on Human Rights 1 Cites 1 Citers [ Worldlii ] - [ Bailii ] Â Mehmet Sirin Yilmaz -v- Turkey 35875/97 29 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies, six month period) ; No violation of Art. 2 with regard to death of applicant Â Roobaert -v- Belgium 52231/99; [2004] ECHR 409; [2004] ECHR 409 29 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gillan and Quinton, Regina (on the Application of) -v- Commissioner of Police for the Metropolis & Another [2004] EWCA Civ 1067; Times, 12 August 2004; [2004] 3 WLR 1144; [2005] QB 388 29 Jul 2004 CA The Lord Chief Justice Of England And Wales Lord Justice Buxton And Lady Justice Arden Dbe Police, Human Rights The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate. Held: The Act was to be interpreted without deference to the respondent, and because of the powers granted, it had to be interpreted restrictively. There was insufficient evidence that the respondent had properly considered the instructions to be given to his officers. Police officers had not given statements, only their notebooks had been made available. "The onus is on the first respondents to show that the interference with the appellants of which complaint is made was lawful. It is not possible to say that the onus has been discharged on the evidence before us. On the appellants' evidence remarks were made that suggest that the powers could have been used in order "to police" the protest. This would not be a lawful use of the power." It was accepted that the stops were an interference with the claimants' article 8 rights, but this was proportionate and in accordance with law. and “It is clear that Parliament, unusually, has permitted random stopping and searching, but, as we have already indicated when examining the language of the relevant sections, made the use of that power subject to safeguards. The power is only to be used for a single specified purpose for a period of an authorisation granted by a senior officer and confirmed by the Secretary of State. Furthermore, the authorisation only has a limited life unless renewed. We do not find it surprising that the word 'expedient' should appear in section 44(3) in conjunction with the power to authorise. The statutory scheme is to leave how the power is to be used to the discretion of the senior officer. In agreement with the Divisional Court, we would give the word its ordinary meaning of advantageous. It is entirely consistent with the framework of the legislation that a power of this sort should be exercised when a senior police officer considers it is advantageous to exercise the power for the prevention of acts of terrorism. Interpreted in this way, sections 44 and 45 could not conflict with the provisions of the Articles of the ECHR. If those Articles were to be infringed it would be because of the manner of the exercise of the power, not its existence. Any possible infringement of the ECHR would depend on the circumstances in which the power that the sections give is exercised.” Terrorism Act 2000 44 - European Convention on Human Rights 5 8 10 1 Cites 1 Citers [ Bailii ] Â San Leonard Band Club -v- Malta 77562/01 29 Jul 2004 ECHR Human Rights Â O'Reilly and Others -v- Ireland 54725/00 29 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Cevizovic -v- Germany 49746/99 29 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel) ; Violation of Art. 5-3 ; Violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses (domestic proceedings) - claim rejected ; Costs and expenses partial award - Convention proceedings Â Suleyman Yildirim -v- Turkey 40518/98 29 Jul 2004 ECHR Human Rights Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3 ; Violation of Art. 6-1 ; Not necessary to examine Art. 6-3-c ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award (with regard to Art. 5-3) ; Non-pecuniary damage - finding of violation sufficient (with regard to Art. 6-1) ; Costs and expenses partial award Â Mora Do Vale And Others -v- Portugal 53468/99; [2004] ECHR 406; [2006] ECHR 436; [2006] ECHR 436; [2004] ECHR 406 29 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Iprahim &#Uuml;Lger -v- Turkey 57250/00; [2004] ECHR 403; [2004] ECHR 403 29 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Okutan -v- Turkey 43995/98; [2004] ECHR 408; [2004] ECHR 408 29 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gb UNIC (II) v. BELGIUM - 52304/99; [2004] ECHR 402; [2004] ECHR 402 29 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gb UNIC (I) v. BELGIUM - 52303/99; [2004] ECHR 401; [2004] ECHR 401 29 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Franjulien -v- Belgium 52950/99; [2004] ECHR 400; [2004] ECHR 400 29 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Caloglu -v- Turkey 55812/00; [2004] ECHR 398; [2004] ECHR 398 29 Jul 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Regina (X) -v- Chief Constable of West Midlands Police Times, 17 August 2004; [2004] EWCA Civ 1068; [2005] 1 WLR 65 30 Jul 2004 CA Woolf LCJ, Mummery, Laws, LJJ Police, Human Rights The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social worker. Held: The Chief Constable's appeal succeeded. In order for the police to include in an enhanced disclosure material of this kind, he had to be satisfied that the information had to be relevant for a position which would regularly involve working with children or vulnerable adults. What was to be included was a matter for the opinion of the Chief Constable, but he had a duty to disclose the elements which were relevant. The policy served a pressing social need. It might be unfortunate if the claimant had been wrongly identified, but he would be in the same position if the employer had asked the same questions which a prudent employer might ask, namely whether he had ever been charged with any offences. The disclosure of such material could not be a breach of the claimant's Article 8 rights. Lord Woolf CJ described the general scheme of the legislation: ". . . it is useful to note the following significant aspects of the statutory scheme involving ECRCs. (i) The whole process of obtaining an ECRC is initiated by the person to whom the certificate will relate. The certificate is for his purposes to enable him to obtain employment which, at least in practical terms, will not be available to him unless he obtains a certificate. (ii) The certificate will only be seen by the applicant and his prospective employer. (iii) The applicant has the opportunity to persuade the Secretary of State to correct the certificate. (iv) The Chief Constable is under a duty to provide the information referred to in section 115(7). This is subject to the requirement that the information might be relevant and ought to be included in the certificate. What might be relevant and what ought to be included is a matter for the opinion of the Chief Constable. (v) The applicant is in a position to provide additional information if he wishes, whether in conflict with the certificate or not, to the prospective employer and it is the prospective employer who will make the decision as to whether he should or should not be employed." and " Having regard to the language of section 115, the Chief Constable was under a duty to disclose if the information might be relevant, unless there was some good reason for not making such a disclosure. This was obviously required by Parliament because it was important (for the protection of children and vulnerable adults) that the information should be disclosed even if it only might be true. If it might be true, the person who was proposing to employ the claimant should be entitled to take it into account before the decision was made as to whether or not to employ the claimant. This was the policy of the legislation in order to serve a pressing social need." Lord Woolf said that s115 was compliant with the convention: "It is helpful to note that while it is accepted by both parties that the information which is included in the ECRC might offend against article 8(1), it is not suggested that the legislation itself contravenes article 8. No doubt this is because disclosure of the information contained in the certificate would be "in accordance with the law" and "necessary in a democratic society", in the interests of public safety and for the prevention of crime and for the protection of the rights and freedoms of others. This country must, through its legislature, be entitled to enable information to be available to prospective employers, where the nature of the employment means that particular care should be taken to ensure that those who are working with the appropriate categories of persons can be relied on to do so, without those in their care coming to harm if they are under the age of 18 or vulnerable adults." and " … how can the Chief Constable's decision to disclose be challenged under article 8? As already indicated, the Chief Constable starts off with the advantage that his statutory role is not in conflict with article 8, because the statute meets the requirements of article 8(2). It follows also, that as long as the Chief Constable was entitled to form the opinion that the information disclosed might be relevant, then absent any untoward circumstance which is not present here, it is difficult to see that there can be any reason why the information that "might be relevant", ought not to be included in the certificate. I accept that it is possible that there could be cases where the information should not be included in the certificate because it is disproportionate to do so; the information might be as to some trifling matter; it may be that the evidence made it so unlikely that the information was correct, that it again would be disproportionate to disclose it. These were not, in my judgment, the situations on the facts before the Chief Constable." and "The information which was disclosed, was information which a responsible employer in this field would want to know before making a decision as to whether to employ the claimant. The claimant is seeking to prevent that information being available. In my judgment, the making available of that information in accordance with the law, as occurred here, could not be contrary to article 8(2)." Police Act 1997 115 - European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â Carman, Regina (on the Application Of) -v- Secretary of State for the Home Department [2004] EWHC 2400 (Admin) 30 Jul 2004 Admn Prisons, Human Rights Terms of release on licence [ Bailii ] Â Regina (Burke) -v- General Medical Council Times, 06 August 2004; [2004] EWHC 1879 (Admin); [2004] 2 FLR 1121; [2005] 2 WLR 431; [2005] QB 424 30 Jul 2004 Admn Munby J Health, Human Rights The applicant, suffering a life threatening disease, wanted to ensure his continued treatment and revival in the circumstance of losing his own capacity. He said the respondent's guidelines for doctors were discriminatory and failed to protect his human right to life. He sought judicial review of the guidelines. Held: The rules were inadequate. Doctors were experts as to the medical interests of a patient, but such decisions involved wider considerations as to which doctors have no special expertise. Where a patient was competent or had provided an advance directive, his wishes could be followed. Otherwise a decision had to be made for him. There was a strong presumption in favour of prolonging life. A doctor accepting the care of a patient but disagreeing as to his treatment has a duty to continue care until other medical help is found. He had to act in the best interests of the patient including non-medical interests. The patient's rights of personal autonomy, self-determination and dignity were protected under the Convention. Where non-medical issues arose, the doctor should refer the issue to a court. European Convention on Human Rights 3 8 1 Cites 1 Citers [ Bailii ] Â N (Kenya) -v- The Secretary of State for the Home Department [2004] EWCA Civ 1094; Times, 13 September 2004; [2004] INLR 612 5 Aug 2004 CA Lord Justice May Lord Justice Judge Lord Justice Sedlay Human Rights, Immigration, Criminal Sentencing The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life. Held: The court had to balance the public revulsion at his crimes with the need for compassion. The adjudicator exercised an original discretion and had to take into account all individual factors, and give appropriate weight to the Home Secretary's considered opinions. Even so, the adjudicator was in no better position to the critical public interest than was the court. Given the need to allow for the public good and interest, it was right for the adjudicator to include in his exercise the nature of the offence. The Article 8 issues and deportation issues merged. Proper weight must be given to the Secretary of State's policy on deportation, and in particular to the fact that she has taken the view, in the public interest that crimes of violence such as that committed by the appellant are sufficiently serious to warrant deportation. European Convention on Human Rights 8 - Immigration Act 1971 3(2) 1 Cites 1 Citers [ Bailii ] Â A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou -v- Secretary of State for the Home Department Times, 05 October 2004; [2004] EWCA Civ 1123; [2005] 1 WLR 414 11 Aug 2004 CA Lord Justice Pill Lord Justice Laws Lord Justice Neuberger Immigration, Human Rights The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US and others. Held: UNCAT required a state not to admit evidence shown to have been obtained by torture, however there was no sufficient evidence before the Commission to conclude that it had indeed been obtained by torture. Challenges to evidence on this ground go as to weight, not admissibility. The derogation from the European Convention was lawful, and UNCAT has no direct effect in English law. 'This case has concerned the means by which, in the acute setting created by the threat to the life of the nation which currently faces the United Kingdom, the State has sought to reconcile competing constitutional fundamentals. I do not say it has been done perfectly, or could not have been done better. But I do not think the executive or the legislature has at all lost sight of those constitutional principles which it is the court’s special duty to protect: the rule of law, and the avoidance of arbitrary power. ' The Rules explicitly disallowed any argument for exclusion of the evidence, because it stated that otherwise inadmissible evidence was to be allowed. There was no high duty on the Secretary of State to investigate allegations that evidence had been obtained by torture. (Neuberger LJ dissenting) Given the danger that the admission of such evidence might encourage the practice of torture and the inherent inability properly to test it, the evidence should be inadmissible. European Convention on Human Rights 5 - Human Rights Act 1998 (Designated Derogation) Order 2001 - Anti-Terrorism, Crime and Security Act 2001 - Special Immigration Appeals Commission (Procedure) Rules 2003 44(3) - United Nations Convention Against Torture 1984 15 1 Cites 1 Citers [ Bailii ] Â Gilchrist and Another -v- Her Majesty's Advocate [2004] ScotHC 53 24 Aug 2004 HCJ Lord Justice General And Lord Osborne And Lord Macfadyen Scotland, Crime, Crime, Human Rights The defendants were to stand trial for drugs offences, but raised a devoltion issue as to the use of police surveillance products gathered under the 2000 Act. They said that the authorisation to carry out the surveillance had been granted on insufficient detail as required under the 2000 Act, infringing their right to a fair trial. Held: The submission was rejected. Lord Macfadyen said: "What took place in Albion Street at the relevant time was that a plastic bag was handed by the first appellant to the second appellant. That was done in a public place. The event was there to be observed by anyone who happened to be in the vicinity, whatever the reason for their presence might be. It was in fact observed by police officers. They had reason to suspect that criminal activity was taking place. They therefore detained the appellants. On further investigation it was found that the bag contained controlled drugs. That sequence of events did not involve the obtaining of private information about the second appellant, in the sense mentioned in section 1(9) or in any broader sense. Nor did it involve any lack of respect for the second appellant's private life. What was done did not, in our opinion, amount to an infringement of the second appellant's rights under article 8." Misuse of Drugs Act 1971 4(3)(b) - Regulation of Investigatory Powers (Scotland) Act 2000 - European Convention on Human Rights 8 1 Citers [ ScotC ] - [ Bailii ] Â F -v- United Kingdom 36812/02; [2004] ECHR 719 31 Aug 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Hellborg -v- Sweden 45275/99; [2004] ECHR 415; [2004] ECHR 415 14 Sep 2004 ECHR Human Rights ECHR Judgment - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Storck -v- France 73804/01; [2004] ECHR 420 14 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Subiali -v- France 65372/01; [2004] ECHR 421; [2004] ECHR 421 14 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Maugee -v- France 65902/01; [2004] ECHR 417; [2004] ECHR 417 14 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Nagy And Others -v- Hungary 61530/00; [2004] ECHR 418; [2004] ECHR 418 14 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the first and second applicants; Inadmissible under Art. 6-1 with regard to the third applicant; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Frodinge Grus &Amp; Akeri Ab -v- Sweden 44830/98; [2004] ECHR 414; [2004] ECHR 414 14 Sep 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Timbal -v- Moldova 22970/02; [2004] ECHR 422; [2004] ECHR 422 14 Sep 2004 ECHR Human Rights ECHR 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 - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Regina Rinkuniene -v- Lithuania 55779/08; [2004] ECHR 2150 14 Sep 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Paterova -v- The Czech Republic 76250/01; [2004] ECHR 419; [2004] ECHR 419 14 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Marszal -v- Poland 63391/00; [2004] ECHR 416; [2004] ECHR 416 14 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the civil proceedings; Violation of Art. 6-1 with regard to the criminal proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Â Transco Plc -v- Her Majesty's Advocates; HCJ 16-Sep-2004 - [2004] ScotHC 57; [2004] ScotHC 68 Â Fojcik -v- Poland 57670/00; [2004] ECHR 423 21 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ Worldlii ] - [ Bailii ] Â Helene Maignant -v- France 54618/00; [2004] ECHR 424 21 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award. [ Worldlii ] - [ Bailii ] Â Schirmer -v- Poland 68880/01; [2004] ECHR 431 21 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Non-pecuniary damage - financial award. [ Worldlii ] - [ Bailii ] Â Romanow -v- Poland 45299/99; [2004] ECHR 429 21 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award. [ Worldlii ] - [ Bailii ] Â Janas -v- Poland 61454/00; [2004] ECHR 425 21 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ Worldlii ] - [ Bailii ] Â Kusiak -v- Poland 50424/99; [2004] ECHR 427 21 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ Worldlii ] - [ Bailii ] Â Polskiego -v- Poland 42049/98; Unreported, 21 September 2004; [2004] ECHR 433; [2011] ECHR 1700 21 Sep 2004 ECHR Human Rights 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Korbel -v- Poland 57672/00; [2004] ECHR 426 21 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ Worldlii ] - [ Bailii ] Â Santambrogio -v- Italy 61945/00; [2004] ECHR 430 21 Sep 2004 ECHR Human Rights ECHR Judgment (Merits) - Preliminary objection rejected (victim); No violation of Art. 6-1; Not necessary to examine Art. 8. [ Worldlii ] - [ Bailii ] Â Kusmierek -v- Poland 10675/02; [2004] ECHR 428 21 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ Worldlii ] - [ Bailii ] Â Rachevi -v- Bulgaria 47877/99; [2004] ECHR 439; [2004] ECHR 439 23 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection dismissed (non-exhaustion of domestic remedies); Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â McGowan -v- Scottish Water EATS/0007/04; [2004] UKEAT 0007_04_2309 23 Sep 2004 EAT The Honourable Lord Johnston Employment, Human Rights A court or tribunal may properly admit relevant evidence even where it has been gathered in breach of an Article 8 right to "privacy" where to do so is adjudged to be necessary in order to secure a "fair" hearing as required by both the common law and Article 6 of the convention. 1 Citers [ Bailii ] Â Enea -v- Italy 74912/01; [2004] ECHR 728; [2009] ECHR 1293 23 Sep 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kotsaridis -v- Greece 71498/01; [2004] ECHR 437; [2004] ECHR 437 23 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 5-4; Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Feridun Yazar And Others -v- Turkey 42713/98; [2004] ECHR 436; [2004] ECHR 436 23 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Dimitrov -v- Bulgaria 47829/99; [2004] ECHR 435; [2004] ECHR 435 23 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage - financial award;Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Yemanakova -v- Russia 60408/00; [2004] ECHR 440; [2004] ECHR 440 23 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Violation of Art. 13; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (Convention proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Osmanov And Yuseinov -v- Bulgaria 54178/00;59901/00; [2004] ECHR 438; [2004] ECHR 438 23 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Agathos And 49 Others -v- Greece 19841/02; [2004] ECHR 434; [2004] ECHR 434 23 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 as regards the length of the proceedings; Inadmissible under Art. 6-1 as regards the fairness of the proceedings; Inadmissible under P1-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses (domestic proceedings) - claim rejected;Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Loiseau -v- France 46809/99; [2004] ECHR 449 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits) - No violation of Art. 6-1. 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] Â Marschner -v- France 51360/99; [2004] ECHR 450; [2004] ECHR 450 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - No violation of Art. 6-1 with regard to disciplinary proceedings; Violation of Art. 6-1 with regard to administrative proceedings and criminal proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Sabou And Pircalab -v- Romania 46572/99; [2004] ECHR 455; [2004] ECHR 455 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Violation of Art. 8; Violation of Art. 13; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses (national proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Zys-Kowalski and Others -v- Poland 70213/01; [2004] ECHR 457 28 Sep 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Izykowska -v- Poland 7530/02; [2004] ECHR 442; [2004] ECHR 442 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Kopecky -v- Slovakia [2004] ECHR 446; (2005) 41 EHRR 43; 44912/98 28 Sep 2004 ECHR Wildhaber P Human Rights (Grand Chamber) The court said of the practice of the Convention institutions under A1 P1: "An applicant can allege a violation of article 1 of Protocol 1 only in so far as the impugned decisions related to his 'possessions' within the meaning of this provision. 'Possessions' can be either 'existing possessions' or assets, including claims, in respect of which the applicant can argue that he or she has at least a 'legitimate expectation' of obtaining effective enjoyment of a property right. By way of contrast, the hope of recognition of a property right which it has been impossible to exercise effectively cannot be considered a 'possession' within the meaning of article 1 of Protocol 1, nor can a conditional claim which lapses as a result of the non-fulfilment of the condition." European Convention on Human Rights A1P1 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Zys KOWALSKI AND OTHERS v. POLAND - 70213/01; [2004] ECHR 457 28 Sep 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Renovit Epitoipari Kft -v- Hungary 65058/01; [2004] ECHR 454; [2004] ECHR 454 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Watt -v- France 71377/01; [2004] ECHR 456; [2004] ECHR 456 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses (national proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Jastrzebska -v- Poland 72048/01; [2004] ECHR 443; [2004] ECHR 443 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Krol -v- Poland 65017/01; [2004] ECHR 448; [2004] ECHR 448 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Durasik -v- Poland 6735/03; [2004] ECHR 441; [2004] ECHR 441 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage- financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Kellner -v- Hungary 73413/01; [2004] ECHR 444; [2004] ECHR 444 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Zys-Kowalski And Others -v- Poland 70213/01 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Inadmissible under P1-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] Â Kovacs -v- Hungary 67660/01; [2004] ECHR 447; [2004] ECHR 447 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the labour court proceedings; Inadmissible under Art. 6-1 with regard to the criminal proceedings; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Matyas -v- Hungary 66020/01; [2004] ECHR 451; [2004] ECHR 451 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ] Â Ostrowski -v- Poland 63389/00; [2004] ECHR 452; [2004] ECHR 452 28 Sep 2004 ECHR Human Rights ECHR Judgment - Struck out of the list (friendly settlement). [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ] Â Pieniazek -v- Poland 62179/00; [2004] ECHR 453; [2004] ECHR 453 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Koblanski -v- Poland 59445/00; [2004] ECHR 445; [2004] ECHR 445 28 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Inadmissible under Art. 5-1 and Art. 5-5; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â The First Secretary of State, Grant Doe, Gregory Yates, Paul Eames -v- Chichester District Council [2004] EWCA Civ 1248; Times, 14 October 2004 29 Sep 2004 CA The Right Honourable Lord Justice Auld, The Right Honourable Lord Justice Wall And The Honourable Mr Justice Pumfrey Planning, Human Rights The appellants challenged a decision to grant planning consent for a private gipsy with mobile homes. The issue was whether the council in refusing permission and in issuing enforcement proceedings, had infringed the applicants human rights. The planning guidance required authorities to provide sites, but against other planning priorities. The Inspector had found little planning impact from the unlawful development, and the effect on their family life substantial. Held: The judge had erred. The Inspector had correctly applied Article 8 rights.and without convert them into 'the broader proposition that the needs of gypsies "must be met".' (Auld LJ dissenting) European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â Kuibishev -v- Bulgaria 39271/98; [2004] ECHR 459; [2004] ECHR 459; [2009] ECHR 1688 30 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 5-3 with regard to right to be brought promptly before a judge; Violation of Art. 5-3 with regard to length of pre-trial detention; Violation of Art. 5-4; No violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Zaprianov -v- Bulgaria 41171/98; [2004] ECHR 464; [2004] ECHR 464 30 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 5-3 with regard to right to be brought promptly before a judge;Violation of Art. 5-3 with regard to length of pre-trial detention;Violation of Art. 5-4;No violation of Art. 6-1;Non-pecuniary damage - financial award;Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Murat Kilic -v- Turkey 40498/98; [2004] ECHR 461; [2004] ECHR 461 30 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expense partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Krastanov -v- Bulgaria 50222/99; [2004] ECHR 458; [2004] ECHR 458 30 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 3; Violation of Art. 6-1; Not necessary to examine P1-1; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Mancheva -v- Bulgaria 39609/98; [2004] ECHR 460; [2004] ECHR 460 30 Sep 2004 ECHR Human Rights ECHR 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 partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Nikolova -v- Bulgaria (No. 2) 40896/98; [2004] ECHR 462; [2004] ECHR 462 30 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 5-3;Violation of Art. 5-4;Violation of Art. 6-1;Pecuniary damage - financial award;Non-pecuniary damage - financial award;Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Pramov -v- Bulgaria 42986/98; [2004] ECHR 463; [2004] ECHR 463 30 Sep 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Selisto -v- Finland Unreported, 01 November 2004 1 Oct 2004 ECHR Human Rights, Defamation The applicant wrote articles for a newspaper alleging unprofessional behaviour in an anonymous surgeon, leading to the death of a hospital patient three years earlier. The prosecutor had concluded that there was no evidence of a crime. There was inconclusive evidence of alcohol consumption and of shaking hands having affected his surgery. The articles quoted a widow: "How is it possible that a surgeon is allowed to conduct surgery with alcohol in his blood?" The text on the front page attributed the patient's loss of life to the surgeon's "wet Independence Day" A second article contained interviews as to the general desirability of surgeons remaining sober in surgery. No individuals were mentioned. A third article, referred to the first, asked how the "relatively young woman in good shape died from routine surgery" and quoted extracts from the pre-trial investigation as to X's regular hangovers and shaking hands. The journalist was charged with intentional defamation and the editor-in-chief with negligent abuse of the freedom of the press. Held: Though the fines were modest, there was a violation of Article 10. Sir Nicolas Bratza, the President, dissented on the basis that neither the conviction of the journalist, nor the fine imposed on her, was disproportionate to the legitimate aim of protecting the rights of others. "By reason of the 'duties and responsibilities' inherent in the exercise of freedom of expression, the safeguard afforded by Article 10 to journalists in relation to reporting on issues of general interest is subject to the proviso that they are acting in good faith in order to provide accurate and reliable information in accordance with the ethics of journalism.". Because the case concerned factual allegations the Court attached importance to the point that these duties and responsibilities had been respected. The national courts had not actually found that the facts presented were erroneous as such, but had rather based the conviction on her omissions of balancing information: "It is also of importance that the depicted events and quotations in the [third] article ... were derived from the police's pre-trial record, which was a public document. In the court's opinion no general duty to verify ... statements contained in such documents can be imposed on reporters and other members of the media, who must be free to report on events based on information gathered from official sources. If this were not the case the efficacy of Article 10 of the Convention would to a large degree be lost". 1 Citers Â Mitre -v- France 44010/02; [2004] ECHR 478; [2004] ECHR 478 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Dala -v- Hungary 71096/01; [2004] ECHR 468; [2004] ECHR 468 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Moder -v- Hungary 4395/02; [2004] ECHR 479; [2004] ECHR 479 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the second proceedings; Inadmissible under Art. 6-1 with regard to the first proceedings; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Barbu Anghelescu -v- Romania 46430/99; [2004] ECHR 465; [2004] ECHR 465 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 3 with regard to ill-treatments; Violation of Art. 3 with regard to the effective character of the investigation; Non-pecuniary damage - financial award; Costs and expenses - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Molnar -v- Hungary 22592/02; [2004] ECHR 480; [2004] ECHR 480 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the length of the proceedings;Inadmissible under Art. 6-1 (with regard to the fairness of the proceedings), Art. 13 and Art. 14; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Lizut SKWAREK v. POLAND - 71625/01; [2004] ECHR 476 5 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Hradecky -v- Czech Republic 76802/01; [2004] ECHR 472; [2004] ECHR 472 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Violation of Art. 13; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Lizut-Swarek -v- Poland 71625/01; [2004] ECHR 476 5 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Caille -v- France 3455/02; [2004] ECHR 467; [2004] ECHR 467 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Â Kutfalvi -v- Hungary; ECHR 5-Oct-2004 - 4853/02; [2004] ECHR 475 Â Reisse -v- France 24051/02; [2004] ECHR 485; [2004] ECHR 485 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Rey And Others -v- France 68406/01;68412/01;68408/01;...; [2004] ECHR 486; [2004] ECHR 486 5 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Onnikian -v- France 15816/02; [2004] ECHR 482; [2004] ECHR 482 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses (Convention proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Malinowska BIEDRZYCKA v. POLAND - 63390/00; [2004] ECHR 477; [2004] ECHR 477 5 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nowak -v- Poland 27833/02; [2004] ECHR 481; [2004] ECHR 481 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the length of the proceedings;Inadmissible under Art. 6-1 with regard to the fairness of the proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Rey And Others -v- France 68406/01;68412/01;68408/01; 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses (Convention proceedings) - claim rejected. [ ECHR ] Â Przygodzki -v- Poland 65719/01; [2004] ECHR 484; [2004] ECHR 484 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Blondet -v- France 49451/99; [2004] ECHR 466; [2004] ECHR 466 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 5-3; Violation of Art. 8;Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Dudek -v- Poland 2560/02; [2004] ECHR 469; [2004] ECHR 469 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the length of the proceedings; Inadmissible under Art. 6-1 with regard to the fairness of the proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â L -v- United Kingdom Times, 19 October 2004; 45508/99; [2004] ECHR 471 5 Oct 2004 ECHR Human Rights The claimant had suffered mental illness and threatened to hurt himself. He was taken into hospital as a voluntary patient, but in effect detained compulsorily. He lacked capacity to consent to medical treatment. Held: The holding of a patient informally amounted to a detention, and that detention was unlawful. It made no difference whether the ward was or was not locked. He was under continuous supervision and control and could not leave. The absence of procedural safeguards to protect such patients amounted to an infringeent of his human right of liberty. There was a contrast between such patients held under common law rules, and those who had been detained under the 1983 Act. European Convention on Human Rights 5.1 1 Cites 1 Citers [ ECHR ] - [ Bailii ] Â Presidential Party Of Mordovia -v- Russia 65659/01; [2004] ECHR 483; [2004] ECHR 483 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 11; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Falecka -v- Poland 52524/99; [2004] ECHR 470; [2004] ECHR 470 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Inadmissible under P1-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Malinowska-Biedrzycka -v- Poland 63390/00 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] Â Kusmierkowski -v- Poland 63442/00; [2004] ECHR 474; [2004] ECHR 474 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Sikora -v- Poland 64764/01; [2004] ECHR 487; [2004] ECHR 487 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the length of the proceedings;I nadmissible under Art. 6-1 with regard to the fairness of the proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Kruk -v- Poland 67690/01; [2004] ECHR 473; [2004] ECHR 473 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Lizut-Skwarek -v- Poland 71625/01 5 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Violation of Art. 13; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] Â Fesum -v- Secretary of State for the Home Department [2004] EWCA Civ 1373 6 Oct 2004 CA Immigration, Human Rights [ Bailii ] Â Kartal Makina Sanayi Ve Ticaret Koll. Sti. -v- Turkey (No. 1) 49698/99; [2004] ECHR 494; [2004] ECHR 494 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Ciftci -v- Turkey 50732/99; [2004] ECHR 490; [2004] ECHR 490 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Yurtkuran And Others -v- Turkey 50730/99; [2004] ECHR 508; [2004] ECHR 508 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Cebi -v- Turkey 50728/99; [2004] ECHR 489; [2004] ECHR 489 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Secenler Kaucuk Ve Plastik San. Ve Tic. A.S. -v- Turkey 50042/99; [2004] ECHR 500; [2004] ECHR 500 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Kocyigit And Uzuner -v- Turkey 49923/99; [2004] ECHR 496 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Onk And Others -v- Turkey 49762/99; [2004] ECHR 498; [2004] ECHR 498 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Verep -v- Turkey 49751/99; [2004] ECHR 506; [2004] ECHR 506 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1;Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Mehmet Bulent Yilmaz And Sahin Yilmaz -v- Turkey 42552/98; [2004] ECHR 497 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 6-3; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Morris, Regina (on the Application of) -v- Westminster City Council and Another [2004] EWHC 2191 (Admin); Times, 20 October 2004; [2005] 1 WLR 865 7 Oct 2004 Admn Keith J Housing, Human Rights The applicant questioned the compatibility of s185 with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act was intended to fulfil the pupose of promoting family life, and therefore the human rights of the claimant were engaged under Art 14, and 'the Council's refusal to treat the Claimant as having a priority need for accommodation in circumstances where a parent with a dependent child who was not subject to immigration control would have been treated as having a priority need for accommodation amounted to an infringement of her right under Art. 14 to enjoy her right to respect for her family life under Art. 8 without discrimination.' A declaration of incompatibility was made. Housing Act 1996 185(4)(b) - European Convention on Human Rights 14 1 Cites 1 Citers [ Bailii ] Â Kartal Makina Sanayi Ve Ticaret Koll. Sti. -v- Turkey (No. 2) 50011/99; [2004] ECHR 495; [2004] ECHR 495 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Ugur And Others -v- Turkey 49690/99; [2004] ECHR 503; [2004] ECHR 503 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award;Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Kapucu -v- Turkey 49718/99; [2004] ECHR 493; [2004] ECHR 493 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Turan -v- Turkey 51485/99; [2004] ECHR 502; [2004] ECHR 502 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Regina (Stanley and others) -v- Commissioner of the Police of the Metropolis and Another Times, 22 October 2004 7 Oct 2004 QBD Kennedy LJ, Treacy J Police, Human Rights The claimants had been made subject to Anti-Social Behaviour orders (ASBOs), and complained that the publicity given to the orders by the respondent violated their human rights. Held: It was part of the effectiveness of an ASBO that it should be publicised, and that would include the use of photographs. That publicity would have several aims, which would overlap. There was no case for saying the publicity should be strictly limited to the restricted area proposed. Â Poleshchuk -v- Russia 60776/00; [2004] ECHR 499; [2004] ECHR 499 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits) - Violation of Art. 34 with regard to transmission of letters; Inadmissible under Art. 34 with regard to alleged pressure on applicant; Inadmissible under Art. 6-1. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Vatan -v- Russia 47978/99; [2004] ECHR 504; 2006 42 EHRR 7 7 Oct 2004 ECHR Human Rights ECHR Judgment (Preliminary Objections) - Preliminary objection allowed (lack of victim status) - inadmissible. "The Court recalls that the term 'victim' used in Art. 34 denotes the person directly affected by the act or omission which is at issue. It further recalls that accepting an application from a 'person' indirectly affected by the alleged violation will be justified only in exceptional circumstances, in particular where it is clearly established that it is impossible for the direct victim to apply to the Court." European Convention on Human Rights 34 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] Â Â Portsmouth NHS Trust -v- Wyatt and others; FD 7-Oct-2004 - [2004] EWHC 2247 (Fam); [2005] 1 FLR 21; [2004] Fam Law 866; (2005) 84 BMLR 206 Â Yazar -v- Turkey 51483/99; [2004] ECHR 507; [2004] ECHR 507 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Telli And Others -v- Turkey 51488/99; [2004] ECHR 501; [2004] ECHR 501 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â G, Regina (on the Application of) -v- Mental Health Review Tribunal [2004] EWHC 2193 (Admin) 7 Oct 2004 Admn The Honourable Mr Justice Collins Health, Human Rights The patient had a violent history. His eventual realease from a secure mental hospital was ordered, but the conditions imposed for his release could not be met. He argued that his continued detention infringed his human rights. [ Bailii ] Â Secretary of State for Home Department, Regina (on the Application of) -v- Mental Health Review Tribunal [2004] EWHC 2194 (Admin) 7 Oct 2004 Admn The Honourable Mr Justice Collins Health, Human Rights Order for release of mental patient conditional upon facilities being made available - infringement of human rights through continued detention. 1 Cites [ Bailii ] Â Velioglu And Others -v- Turkey 51481/99; [2004] ECHR 505; [2004] ECHR 505 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Gurkan And Aktan -v- Turkey 50741/99; [2004] ECHR 492; [2004] ECHR 492 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Mohisin Khan -v- Royal Air Force Summary Appeal Court [2004] EWHC 2230 (Admin); Times, 28 October 2004 7 Oct 2004 Admn Mr Justice Forbes Lord Justice Rix Armed Forces, Crime, Human Rights The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector. Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was no procedure to make his objection known, the failure to do so might be taken account of, but here such a procedure did exist. For article 9, ""law" (i) must have the status of law, (ii) must be adequately accessible, (iii) must be of sufficient precision to be foreseeable, and (iv) must be compatible with the rule of law. " Although the appellant's recall papers did not expressly refer to conscientious objection as a ground for claiming exemption, it did sufficiently identify a relevant ground, namely "any other grounds…for compassionate reasons". Nevertheless there was no relevant manifestation of conscientious objection and no interference with any such manifestation by reason of the appellant's recall, arrest, prosecution or conviction. European Convention on Human Rights 9.1 - Air Force Act 1955 - The Reserve Forces (Call Out and Recall) (Exemption Etc) Regulations 1997 (SI 1997 No 307) 1 Cites [ Bailii ] Â Demir And Others -v- Turkey 51482/99; [2004] ECHR 491; [2004] ECHR 491 7 Oct 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Â Regina -v- Misra; Regina -v- Srivastava; CACD 8-Oct-2004 - Times, 13 October 2004; [2004] EWCA Crim 2375; [2005] 1 Cr App R 328 Â Lafaysse -v- France 63059/00; [2004] ECHR 513; [2004] ECHR 513 12 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Asmundsson -v- Iceland 60669/00; [2004] ECHR 512; [2004] ECHR 512; [2011] ECHR 2162 12 Oct 2004 ECHR Human Rights A seaman aged 30 had a serious accident at work, as a result of which he had to stop working as a seaman. His disability was assessed at 100%, and he became eligible for a disability pension from the Seamen's Pension Fund, a statutory contributory social security fund. He later found work in the office of a transport company rising to a senior position. In 1992, about 14 years after his accident, the pension fund was seriously insolvent and it adopted new rules which applied to existing pensioners as well as future pensioners. Mr Asmundsson's disability was reassessed at 25%, which was below the threshold for any pension entitlement under the new rules. Held: This was a breach of article 1 of the first Protocol, because although the claimant was still classified as 25% incapacitated, he had been deprived of the entirety of his disability pension. 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Chesnay -v- France 56588/00; [2004] ECHR 511; [2004] ECHR 511 12 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Casalta -v- France 58906/00; [2004] ECHR 510; [2004] ECHR 510 12 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â In re V (a Child) (Care: pre-birth actions) Times, 01 December 2004; [2005] 1 FLR 627; [2004] EWCA Civ 1575 12 Oct 2004 CA Thorpe LJ, Wall LJ, Holman J Children, Human Rights Immediately after a child was born, the social worker began proceedings for it to be taken into care. The judge severely criticised the actions of the social worker before the birth. The local authority now appealed against an order at the conclusion of care proceedings that they should pay each parent damages in the sum of £100 for having infringed their rights under Article 6. Held: Actions of the social worker before the birth were not to be taken into account when considering the appropriateness of an action for damages for an infringement of its human rights to family life after the birth. The court should be careful to review the proceedings as a whole, but criticisms of the actions of the local authority before the birth could not amount to unfairness in the proceedings as a whole. Thorpe LJ: "It seems to me almost self-evident that the order which [counsel for the local authority] challenges is unprincipled, but we have heard full submissions from him to enable us to deliver a judgment to discourage repetition of such an outcome in other cases. We have also heard from [counsel] for the guardian, who warns us that as a consequence in part of the case of Re L … long trials of alleged breaches of Arts 6 and 8 rights are beginning to encumber local authority applications for care orders, with consequential delay and expense that ultimately proves wasted." Wall LJ: "The mischief identified by the case … lies in the fact that the judge has isolated a sentence in the judgment of a judge of the Family Division dealing with issues of good practice, and has elevated an alleged failure by the local authority to comply with the practice identified in that sentence into a breach of the parents' Art 6 rights . . . [judges] should be acute to identify and weed out barren arguments under the Human Rights Act 1998 and the European Convention which do not relate either to the identification of the threshold criteria under s.31 of the Act or the ultimate welfare disposal of issues in the case." European Convention on Human Rights 6 1 Cites 1 Citers Â Bursuc -v- Romania 42066/98; [2004] ECHR 509; [2004] ECHR 509 12 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Secretary of State for the Home Department -v- Hindawi and Headley [2004] EWCA Civ 1309; Times, 26 October 2004 13 Oct 2004 CA Lord Justice Kennedy Lord Justice Sedley Lord Justice Neuberger Prisons, Human Rights The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and not to be discriminated against. In the light of Giles and Smith it was clear that the facts of these cases were outside the ambit of Article 5, and therefore neither respondent could rely on Article 14. The decision letter did what it was required to do. It explained to the prisoner why his application was being refused. The reasons were personal to him, and had nothing to do with the attitude of Syria. The Home Secretary's appeal succeeded. European Convention on Human Rights 3 - Criminal Justice Act 1991 1 Cites [ Bailii ] Â Shahid, Regina (on the Application Of) -v- Secretary of State for Home Department [2004] EWHC 2550 (Admin) 13 Oct 2004 Admn Human Rights, Immigration [ Bailii ] Â Ettore Caracciolo -v- Italy 52081/99; [2004] ECHR 517; [2004] ECHR 517 14 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yanikoglu -v- Turkey 46284/99; [2004] ECHR 523; [2004] ECHR 523 14 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Velliou -v- Greece 20177/02; [2004] ECHR 522; [2004] ECHR 522 14 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Rodopoulos -v- Greece 11800/02; [2004] ECHR 521; [2004] ECHR 521 14 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pedersen And Pedersen -v- Denmark 68693/01; [2004] ECHR 520; [2004] ECHR 520 14 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Nordica Leasing S.P.A. -v- Italy 51739/99; [2004] ECHR 518; [2004] ECHR 518 14 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Durmaz -v- Turkey 46506/99;46569/99;46570/99;...; [2004] ECHR 516; [2004] ECHR 516 14 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Assymomitis -v- Greece 67629/01; [2004] ECHR 515; [2004] ECHR 515; [2010] ECHR 2236 14 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Andersson And Others -v- Sweden 49297/99; [2004] ECHR 514; [2004] ECHR 514 14 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Cream Holdings Limited and others -v- Banerjee and others; HL 14-Oct-2004 - [2004] UKHL 44; [2004] 3 WLR 918; [2005] 1 AC 253; [2004] 4 All ER 617; 17 BHRC 464; [2004] UKHRR 1071; [2004] HRLR 39; [2005] EMLR 1 Â Ospina Vargas -v- Italy 40750/98; [2004] ECHR 519; [2004] ECHR 519; [2009] ECHR 1058 14 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] - [ Bailii ] Â Feld, Lord Mayor and Citizens of the City of Westminster -v- London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster [2004] EWCA Civ 1307; Times, 26 October 2004; [2005] BLGR 411; [2005] HLR 9 18 Oct 2004 CA Lord Justice Mance Lord Justice Ward Jackson, Mr Justice Jackson Housing, Human Rights The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant asserted bias on the part of the head of the housing needs and resources of the local authority in conducting the review of the suitability of the accommodation offered to her as a homeless person. Held: The question in each case is whether or not all the circumstances which have a bearing on the question whether the reviewing officers were biased would lead a fair-minded and informed observer to conclude that there was a real possibility that they were not impartial. No suggestion was made that either reviewing officer was actually biased. The reviewing officer is not reviewing his or her own earlier decision but is starting afresh to review a second decision as to the suitability of the accommodation offered to the homeless person in the letter of offer made to him or her. Here there was no apparent bias, and the appeal by the local authorities was allowed. "Trained decision-makers should not be treated as inferior beings intellectually unable to approach the task with an open mind. The fair-minded and informed observer would have that in mind." Housing Act 1996 202 1 Cites 1 Citers [ Bailii ] Â Regina on the Application of B and others -v- Secretary of State for the Foreign & Commonwealth Office [2004] EWCA Civ 1344; Times, 25 October 2004; [2005] 2 WLR 618; [2005] QB 643; [2004] HRLR 41; [2005] ACD 72; [2005] Imm AR 32; [2005] INLR 36 18 Oct 2004 CA Lord Justice Chadwick Lord Phillips Mr Slynn Of Hadley Lord Human Rights, Immigration, Constitutional The applicant children had been detained in immigration camps in Australia. They escaped and sought refuge in the British High Commission in Melbourne claimed diplomatic asylum. They claimed in damages after being returned to the authorities in Australia. Held. Any threat to their safety was not sufficient to justify not returning them to the Australian authorities. The 1998 Act required the UK to recognise the human rights of anyone within their jurisdiction. The Court referred to the essentially territorial nature of jurisdiction under Art 1 and the scope of the exception relating to diplomatic and consular activities. The court assumed, without concluding that while in the consulate the applicants were sufficiently within the authority of the consular staff to be subject to the jurisdiction of the United Kingdom for the purposes of Article 1. The 1998 Act was equally capable of applying to the actions of the diplomatic and consular officials in Melbourne. European Convention on Human Rights 1 - Human Rights Act 1998 1 Cites 1 Citers [ Bailii ] Â Mejer And Jaloszynska -v- Poland 62109/00; [2004] ECHR 527; [2004] ECHR 527 19 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Varli And Others -v- Turkey 38586/97; [2004] ECHR 530; [2004] ECHR 530 19 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Jahnova -v- The Czech Republic 66448/01; [2004] ECHR 524; [2004] ECHR 524 19 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Makhfi -v- France 59335/00; [2004] ECHR 526; [2004] ECHR 526 19 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Melnychenko -v- Ukraine 56, ECHR 2004-X; 17707/02; [2004] ECHR 528; [2004] ECHR 528 19 Oct 2004 ECHR Human Rights European Convention on Human Rights 1 Citers [ Bailii ] - [ Bailii ] Â R.P.D. -v- Poland 77681/01; [2004] ECHR 529; [2004] ECHR 529 19 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Lipowicz -v- Poland 57467/00; [2004] ECHR 525; [2004] ECHR 525 19 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Yorgiyadis -v- Turkey 48057/99; [2004] ECHR 531; [2004] ECHR 531 19 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â Taylor, Regina (on the Application of) -v- HM Prison Risley; Admn 20-Oct-2004 - [2004] EWHC 2654 (Admin) Â Petra Bahnk V Germany 10732/05; [2008] ECHR 166; [2008] ECHR 1040 20 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Varicak -v- Croatia 78008/01; [2004] ECHR 544; [2004] ECHR 544 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ullrich -v- Austria 66956/01; [2004] ECHR 543; [2004] ECHR 543 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Markovic -v- Croatia 4469/02; [2004] ECHR 542 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Worldlii ] - [ Bailii ] Â Klajic -v- Croatia 3745/02; [2004] ECHR 540; [2004] ECHR 540 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Marinkovic -v- Croatia 9138/02; [2004] ECHR 541; [2004] ECHR 541 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bettina Malek -v- Austria 16174/02; [2004] ECHR 532; [2004] ECHR 532 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Binbay -v- Turkey 24922/94; [2004] ECHR 533; [2004] ECHR 533 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Doganer -v- Turkey 49283/99; [2004] ECHR 537; [2004] ECHR 537 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Crnojevic -v- Croatia 71614/01; [2004] ECHR 536; [2004] ECHR 536 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Woditschka And Wilfling -v- Austria 69756/01;6306/02; [2004] ECHR 545; [2004] ECHR 545 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bulat -v- Croatia 10438/02; [2004] ECHR 535; [2004] ECHR 535 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bubas -v- Croatia 15308/02; [2004] ECHR 534; [2004] ECHR 534 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Gialamas -v- Greece 70314/01; [2004] ECHR 538; [2004] ECHR 538 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Grubisic -v- Croatia 15112/02; [2004] ECHR 539; [2004] ECHR 539 21 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Coates and others -v- South Buckinghamshire District Council [2004] EWCA Civ 1378; Times, 27 October 2004 22 Oct 2004 CA Lord Phillips of Worth Matravers MR, Lord Justice Sedley and Lord Justice Nueberger Planning, Human Rights The local authority had required the applicants to remove their mobile homes from land. They complained that the judge had failed properly to explain how he had reached his decision as to the proportionality of the pressing social need, and the interference with their human rights. Held: "The judge's reasons should make clear to the parties why he has reached his decision. Where he has had to balance competing factors it will usually be possible to explain why he has concluded that some have outweighed others. Even where the competition is so unequal that the factors speak for themselves it is desirable to say so." The plight of Gypsies or others who travel in caravans with no permanent place to rest is an unhappy one. They can rightly complain that their plight reflects a failure on the part of some authorities to comply with their statutory duty to provide sites for such Travellers. That cannot, however, entitle them to stop wherever they choose and contend that their rights under Article 8 entitle them to remain. Here the factors that I have outlined make the overall picture particularly unattractive. The site chosen was a very sensitive part of the green belt. It was a site where Gypsies had already fought and lost a lengthy planning battle. The appeal was dismissed. Sedley LJ (dissenting) said: "While the history of contumacious defiance both of the planning regime and of the court's orders has placed the defendants in the worst possible position to ask for the court's help, these people, unlawfully and defiantly though they have behaved, at least have the excuse that for 25 years local authorities throughout England and Wales failed to carry out their statutory duty to provide proper sites in substitution for the commons they were energetically ditching and fencing against entry by caravans, and that central government failed consistently to exercise its statutory enforcement powers against these local authorities" 1 Cites 1 Citers [ Bailii ] Â Miller -v- The United Kingdom 45825/99;45826/99;45827/99; [2004] ECHR 555; [2004] ECHR 555 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Brown -v- United Kingdom 968/04; Unreported, 26 October 2004 26 Oct 2004 ECHR Human Rights, Prisons The applicant had been sentenced to eight years imprisonment for supplying heroin and released on licence after serving two-thirds of this sentence. He was recalled for breach of the residence conditions of his bail. The Parole Board then considered whether he should be released again and concluded that he should not. He sought to attack this decision by judicial review, but was refused permission. He complained that his recall to detention violated article 5.1 because there was no link between the renewed detention and the original sentence for supplying drugs. He also contended that he was entitled to a court-like review of the justification for his continued detention pursuant to article 5.4. Held: The recall of a licensee to prison did not to involve the determination of a criminal charge against him. "The court recalls that the applicant was sentenced to a determinate prison sentence of eight years after conviction by a competent criminal court and accordingly, his detention fell within sub-paragraph 1 (a) above. The applicant seeks to argue that after his release on licence he was lawfully at large and his situation was analogous to the situation applicable to the conditional liberty allowed to those on life licence (for example, Weeks v United Kingdom, judgment of 2 March 1987, Series A, no 114) and restricted patients on release from hospital (for example, X v United Kingdom, judgment of 5 November 1981, Series A, no 46) and therefore that his recall had to be properly linked to the basis of his original conviction and in conformity with the varying requirements of article 5. The court considers however that there is a crucial distinction between the cases cited by the applicant and the circumstances of his own case. Discretionary and mandatory lifers, after the expiry of the punitive element of their sentence, are detained on the basis of risk - the justification for their continued detention is whether it is safe for the public for them to live in the community once more. Similarly the recall of restricted patients is based on factors arising from their mental health. The applicant however has been sentenced to a fixed prison term by a court as the punishment for his offence. The lawfulness of his detention does not depend, in Convention law terms, on whether or not he ceases to be at risk of re-offending. The fact that the applicant before the end of the sentence may expect to be released on licence does not affect this analysis. When such a prisoner is recalled his detention is again governed by the fixed term imposed by the judge conforming with the objectives of that sentence and thus within the scope of article 5 § 1(a) of the Convention. Article 5 § 1 does provide that at all times detention must be 'in accordance with the law'. The court notes that the basis for the applicant's recall was considered by the Parole Board, which found that he was in breach of the terms of his licence, and that its decision was in turn subject to judicial review. In the judicial review proceedings the applicant's arguments concerning the lawfulness of his recall and the Parole Board's procedure were rejected by the High Court and the Court of Appeal. On the whole bound to respect domestic courts' interpretation of domestic law (see for example, Benham v United Kingdom, judgment of 10 June 1996, BAILII: [1996] ECHR 22 , Reports 1996-III, § 41), the court detects no arbitrariness or other feature that would justify it departing from their assessment. It follows that this part of the application is manifestly ill-founded and must be rejected pursuant to article 35 §§ 3 and 4 of the Convention. The applicant complains of lack of a court review of the justification of his continued detention after recall, invoking article 5 § 4 of the Convention which provides: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful'. The court recalls that where an applicant is convicted and sentenced by a competent court to a determinate term of imprisonment for the purposes of punishment, the review of the lawfulness of detention is incorporated in the trial and appeal procedures (see, mutatis mutandis, V v United Kingdom, no 24888/94, ECHR 1999-IX, § 119, BAILII: [1999] ECHR 171 ; Stafford v the United Kingdom, (2002) 35 EHRR 32, § 87). No new issues of lawfulness concerning the basis of the present applicant's detention arose on recall and no right to a fresh review of the lawfulness of his detention arose for the purposes of article 5 § 4 of the Convention. It follows that this part of the application is manifestly ill-founded and must be rejected pursuant to article 35 §§ 3 and 4 of the Convention." European Convention on Human Rights 5.4 1 Citers Â Cacan -v- Turkey 33646/96; [2004] ECHR 547; [2004] ECHR 547 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Celik And Imret -v- Turkey 44093/98; [2004] ECHR 548; [2004] ECHR 548 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Fackelman Cr, Spol. S R.O. -v- The Czech Republic 65192/01; [2004] ECHR 550; [2004] ECHR 550 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Hutten -v- The Netherlands 56698/00; [2004] ECHR 551; [2004] ECHR 551 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Jiru -v- The Czech Republic 65195/01; [2004] ECHR 552; [2004] ECHR 552 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Konecny -v- The Czech Republic 47269/99;64656/01;65002/01; [2004] ECHR 554; [2004] ECHR 554 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Wiatrzyk -v- Poland 52074/99; [2004] ECHR 559; [2004] ECHR 559 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Rajnai -v- Hungary 73369/01; [2004] ECHR 557; [2004] ECHR 557 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Pistorova -v- The Czech Republic 73578/01; [2004] ECHR 556; [2004] ECHR 556 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Koliha -v- The Czech Republic 52863/99; [2004] ECHR 553; [2004] ECHR 553 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Doner -v- Turkey 34498/97; [2004] ECHR 549; [2004] ECHR 549 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Ab Kurt Kellermann -v- Sweden 41579/98; [2004] ECHR 546 26 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Edwards and Lewis -v- United Kingdom 39647/98; 40461/98; Times, 03 November 2004; [2004] ECHR 560 27 Oct 2004 ECHR Human Rights E had been convicted of possession of heroin with intent to supply, and L of possession of counterfeit currency. In each case public interest certificates had been obtained to withold evidence from them. The judge had refused requests to exclude evidence of undercover officers. Held: The defendants had been denied fair trials after being incited to commit offences by agents provocateurs. The procedures adopted by the courts in excluding evidence was also unfair. European Convention on Human Rights 6 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Ciloglu And Others -v- Turkey 50967/99; [2004] ECHR 563; [2004] ECHR 563 28 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Epozdemir -v- Turkey 43926/98; [2004] ECHR 565; [2004] ECHR 565 28 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Cenesiz And Others -v- Turkey 54531/00; [2004] ECHR 562 28 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bojinov -v- Bulgaria 47799/99; [2004] ECHR 561; [2004] ECHR 561 28 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â In re S (a Child) (Identification: Restrictions on Publication); HL 28-Oct-2004 - [2004] UKHL 47; Times, 29 October 2004; [2005] 1 FLR 591; [2005] 1 AC 593; 17 BHRC 646; [2004] 4 All ER 683; [2005] Crim LR 310; [2004] 3 FCR 407; [2005] HRLR 5; [2004] 3 WLR 1129; [2005] EMLR 11; [2005] UKHRR 129; [2005] EMLR 2 Â Zengin -v- Turkey 46928/99; [2004] ECHR 571; [2004] ECHR 571 28 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Y.B. And Others -v- Turkey 48173/99;48319/99; [2004] ECHR 570; [2004] ECHR 570 28 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Riza Dinc -v- Turkey 42437/98; [2004] ECHR 569; [2004] ECHR 569 28 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Kaymaz And Others -v- Turkey 57758/00; [2004] ECHR 566; [2004] ECHR 566 28 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Neshev -v- Bulgaria 40897/98; [2004] ECHR 567; [2004] ECHR 567 28 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Muntaz Ahmed & Ghulam Qureshi -v- Regina [2004] EWCA Crim 2599; Times, 03 November 2004; [2005] 1 WLR 122 28 Oct 2004 CACD Lord Justice Latham Pitchers, Mr Justice Pitchers Mr Justice Royce Criminal Sentencing, Human Rights The defendants appealed confiscation orders saying that the court had taken account of their interests in the matrimonial home, and that this would prejudice the interest of others. Held: Before the amendment to the section, the court had retained a discretion as to whther or not to include the value of a matrimonial home in the calculations. That discretion had disappeared. At that stage no human rights issue arose under article 8. That issue would only arise at a point where a sale of the home was sought to satisfy the order. Criminal Justice Act 1988 71 - European Convention on Human Rights 8 1 Citers [ Bailii ] Â Dragovic -v- Croatia 5705/02; [2004] ECHR 564; [2004] ECHR 564 28 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Paszkowski -v- Poland 42643/98; [2004] ECHR 568; [2004] ECHR 568 28 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â MD (Imprisonment In UK - Article 8) Kosovo; IAT 29-Oct-2004 - [2004] UKIAT 00292; [2005] Imm AR 153 Â O'Reilly And Others -v- Ireland 54725/00 - HEJUD; [2004] ECHR 739 29 Oct 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] Â Regina on the Application of Szuluk -v- The Governor of HMP Full Sutton and the Secretary of State for the Home Department [2004] EWCA Civ 1426; [2004] EWHC 2652 (Admin) 29 Oct 2004 CA The Master Of The Rolls Lord Justice Sedley Lord Justice Neuberger Prisons, Human Rights Right of prison to read correspondence with doctor European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Seyhan -v- Turkey 33384/96; [2004] ECHR 583; [2004] ECHR 583 2 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - No violation of Art. 2 (substantive); Violation of Art. 2 (procedural); No violation of Art. 5; Violation of Art. 13; Non-pecuniary damage - financial award; Cost and expenses partial award. [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ] Â Beloeil -v- France 4094/02; [2004] ECHR 573; [2004] ECHR 573 2 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 regarding the length of proceedings; Inadmissible under Art. 6-1 regarding the fairness of the proceedings; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim dismissed; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Bennett -v- Officers A and B and Commissioner of Police for the Metropolis [2004] EWCA Civ 1439; [2004] All ER 27 2 Nov 2004 CA Lord Justice Mummery Mr Justice Maurice Kay Police, Coroners, Human Rights Police Officers had been involved in a shooting in which a man died. They were granted anonymity before the coroner's court, on evidence suggesting they might be at risk. The family of the deceased appealed. Held: The coroner misdirected herself in respect of the threshold of risk test by allowing for 'a reasonable chance' of a threat, but the misdirection was not such as to require this matter to be remitted to her for a further hearing. European Convention on Human Rights 2 1 Cites 1 Citers [ Bailii ] Â Ionescu -v- Romania 38608/97; [2004] ECHR 580; [2004] ECHR 580 2 Nov 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] Â Chivorchian -v- Romania 42513/98; [2004] ECHR 574; [2004] ECHR 574 2 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 owing to the lack of a fair hearing;Violation of Art. 6-1 owing to the lack of access to a court; Violation of P1-1; Inadmissible under Art. 6-1 concerning the extraordinary proceedings; Pecuniary damage - financial award; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Karakoc -v- Turkey 28294/95; [2004] ECHR 581; [2004] ECHR 581; [2009] ECHR 249 2 Nov 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Henworth -v- The United Kingdom 515/02; [2004] ECHR 579; [2004] ECHR 579 2 Nov 2004 ECHR Human Rights ECHR Judgment (Merits) - Violation of Art. 6-1. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Havelka -v- The Czech Republic 76343/01; [2004] ECHR 578; [2004] ECHR 578 2 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Dojs -v- Poland 47402/99; [2004] ECHR 576; [2004] ECHR 576 2 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Tregubenko -v- Ukraine 61333/00; [2004] ECHR 584; [2004] ECHR 584 2 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the right to a court; Not necessary to examine Art. 6-1 with regard to fairness; Violation of Art. 6-1 with regard to the right of access to a court; Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Martinez Sala And Others -v- Spain 58438/00; [2004] ECHR 582 2 Nov 2004 ECHR Human Rights, Prisons ECHR Judgment (Merits and Just Satisfaction) - No violation of Art. 3 regarding the allegations of ill-treatments; Violation of Art. 3 regarding the lack of effective investigation; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses partial award - Convention proceedings. ECHR Court found that the Spanish authorities had failed to carry out an effective official investigation into the applicants’ allegations that they were ill-treated in police custody when arrested in the summer of 1992, shortly before the Olympic Games in Barcelona, in connection with an investigation into terrorist offences. No violation of Article 3 (prohibition of inhuman and degrading treatment) Violation of Article 3 (investigation) 1 Citers [ Wordlii ] - [ Bailii ] Â Coulaud -v- France 69680/01; [2004] ECHR 575; [2004] ECHR 575 2 Nov 2004 ECHR Human Rights ECHR Judgment (Merits) - Violation of Art. 6-1. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Vitasek -v- The Czech Republic 77762/01; [2004] ECHR 586; [2004] ECHR 586 2 Nov 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Abdulsamet Yaman -v- Turkey 32446/96; [2004] ECHR 572; [2004] ECHR 572 2 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 3; Violation of Art. 13; Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 5-5; No violation of Art. 14; No violation of Art. 18; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award;Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Fabre -v- France 69225/01; [2004] ECHR 577; [2004] ECHR 577 2 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to failure to communicate the reporting judge\'s report; Inadmissible under Art. 6-1 with regard to denial of access to a court and of a public hearing; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Henworth -v- United Kingdom Times, 22 November 2004; 505/02 2 Nov 2004 ECHR Human Rights, Criminal Practice The claimant had been tried for murder, but had undergone two retrials. On the second he said there was a rule of law that a defendant should not be tried a third time after two juries had failed to agree a conviction. He refused to take any part and was convicted. Held: Whatever part the defendant played in slowing down proceedings, the authorities had a responsibility themselves to expedite a trial. The reasonableness of the length of proceedings was to be viewed in the context of each case. In this case there had been a substantial an unexplained delay in hearing the appeal, and a shorter delay before the third trial. While there were no unusually long periods of inactivity, the circumstances of a third trial demanded a particular need for speed. The applicant's human rights had been infringed. 1 Cites 1 Citers Â Tuncer And Durmus -v- Turkey 30494/96; [2004] ECHR 585; [2004] ECHR 585 2 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 3; Violation of Art. 5; Non-pecuniary damage - financial award; Costs and expenses award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Geraldes Barba -v- Portugal 61009/00; [2004] ECHR 588; [2004] ECHR 588 4 Nov 2004 ECHR Human Rights ECHR 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 (domestic proceedings) - claim rejected; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Taydas And Ozer -v- Turkey 48805/99; [2004] ECHR 589; [2004] ECHR 589 4 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 6-3-c; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Ayse Ozturk -v- Turkey 59244/00; [2004] ECHR 587; [2004] ECHR 587 4 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Greene -v- Associated Newspapers Ltd [2004] EWCA Civ 1462; Times, 10 November 2004; [2005] QB 972 5 Nov 2004 CA Lord Justice Brooke VP, Lord Justice May, Lord Justice Dyson Defamation, Media, Human Rights The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her. Held: "in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will succeed at the trial. This is partly due to the importance the court attaches to freedom of speech. It is partly because a judge must not usurp the constitutional function of the jury unless he is satisfied that there is no case to go to a jury. The rule is also partly founded on the pragmatic grounds that until there has been disclosure of documents and cross-examination at the trial a court cannot safely proceed on the basis that what the defendants wish to say is not true. And if it is or might be true the court has no business to stop them saying it. " Nothing in section 12(3) of the 1998 Act weakens the force of the rule in Bonnard v Perryman. As to Human Rights, a person's right to protect his or her reputation is amongst the rights guaranteed by Art 8. There were two rights in conflict. The court stressed the distinction between a defamation case (where the claimant's right to a reputation has been put in issue and the issue cannot be effectively resolved before the trial) and a case which raises direct issues of privacy or confidentiality. Appeal dismissed. Human Rights Act 1998 12(3) 1 Cites 1 Citers [ Bailii ] Â Gita Ram -v- Baskinder Ram,Solinder Ram, Monder Ram and Maurice William Russell [2004] EWCA Civ 1452 5 Nov 2004 CA Potter, Lord Justice Potter Lord Justice Buxton Lord Justice Carnwath Insolvency, Trusts, Human Rights A bankrupt had, before his bankruptcy disposed of his share in a house at an undervalue. His wife appealed an order that the share disposed of should vest entirely in the trustee in bankruptcy. Matrimonial proceedings had also been commenced. Held: The wife was seeking effectively not re-instatement, but the creation of a position which would better allow her own matrimonial claim. The rules required the position to be restored. Any automatic proiotity given to the trustee in bankruptcy was not an infringement of the wife's human rights. Wider interests were in the balance. Nevertheless rule 1293) still required revision. Insolvency Act 1986 305 423 1 Cites [ Bailii ] Â British American Tobacco UK Ltd and Others, Regina (on the Application Of) -v- Secretary of State for Health [2004] EWHC 2493 (Admin); Times, 11 November 2004 5 Nov 2004 Admn McCombe J Media, Human Rights The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech. Held: The Regulations were lawful. There was a balance to be found between the need for commercial freedom of speech, and the protection of public health. The secretary of state had a discretion, and could not be criticised in law for drawing the line where he did to restrict advertising of tobacco products. Tobacco Advertising and Promotion (Point of Sale) Regulations 2004 - Tobacco Advertising and Promotion Act 2002 4(3) - European Convention on Human Rights 10 1 Cites 1 Citers [ Bailii ] Â Kumar, Regina (on the Application of) -v- Secretary of State for Constitutional Affairs [2004] EWHC 3362 (Admin) 8 Nov 2004 Admn Moses J Human Rights Application for leave to appeal - absolutely no merit in applications. [ Bailii ] Â Maglodi -v- Hungary 30103/02; [2004] ECHR 595; [2004] ECHR 595 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 5-3; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Svetlana Naumenko -v- Ukraine 41984/98; [2004] ECHR 601; [2004] ECHR 601 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the length of the proceedings; Violation of Art. 6-1 with regard to the right to a court; Violation of Art. 6-1 with regard to impartiality; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Sikorski -v- Poland 46004/99; [2004] ECHR 600; [2004] ECHR 600 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Del Latte -v- The Netherlands 44760/98; [2004] ECHR 592; [2004] ECHR 592; [2010] ECHR 975 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-2; Pecuniary damage - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Marpa Zeeland B.V. And Metal Welding B.V. -v- The Netherlands 46300/99; [2004] ECHR 597; [2004] ECHR 597 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the fairness of the proceedings; Violation of Art. 6-1 with regard to the length of the proceedings; Pecuniary damage - claim rejected;Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Ilhan -v- Turkey 22494/93; [2004] ECHR 593 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection dismissed (non-exhaustion of domestic remedies);Violation of Art. 3; Violation of Art. 8; Violation of P1-1; Not necessary to examine Art. 6-1; Violation of Art. 13; No violation of Art. 14; Not necessary to examine Art. 18; Pecuniary damage - financial award;Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Marasli -v- Turkey 40077/98; [2004] ECHR 596; [2004] ECHR 596 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10;Violation of Art. 6-1; Not necessary to examine Art. 6-3-b; Not necessary to examine Art. 14; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Levshiny -v- Russia 63527/00; [2004] ECHR 594; [2004] ECHR 594 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Inadmissible with regard to the remainder of the complaints; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Nuri Ozkan -v- Turkey 50733/99; [2004] ECHR 598; [2004] ECHR 598 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Bakay And Others -v- Ukraine 67647/01; [2004] ECHR 590; [2004] ECHR 590 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Violation of Art. 13; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Croitoriu -v- Romania 54400/00; [2004] ECHR 591; [2004] ECHR 591 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Violation of P1-1; Inadmissible with regard to the remainder of the complaints; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Saez Maeso -v- Spain 77837/01; [2004] ECHR 599; [2004] ECHR 599 9 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Odabasi -v- Turkey 41618/98; [2004] ECHR 618; [2004] ECHR 618 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Violation of Art. 6-1; Not necessary to examine Art. 6-3-b; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Volkan Aydin -v- Turkey 54501/00; [2004] ECHR 623; [2004] ECHR 623 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 concerning independance and impartiality; Not necessary to examine Art. 6-1 concerning the fairness of the hearing; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Canevi And Others -v- Turkey 40395/98; [2004] ECHR 607; [2004] ECHR 607 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 concerning independance and impartiality; Not necessary to examine Art. 6-1 concerning the fairness of the hearing; Not necessary to examine Art. 6-2 and 6-3-d; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Taskin And Others -v- Turkey 46117/99; [2004] ECHR 621 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 8; Violation of Art. 6-1; Not necessary to examine Art. 2 and 13; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Achour -v- France 67335/01; [2004] ECHR 602 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 7; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - national proceedings; Costs and expenses partial award - Convention proceedings. 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] Â Sejdovic -v- Italy 56581/00; [2004] ECHR 620; (2004) 42 EHRR 360 10 Nov 2004 ECHR Human Rights, Criminal Practice The claimant had been tried and convicted of manslaughter in his absence. The respondent said that he had waived his right to appear at trial by becoming untraceable. Held: The claim succeeded: "The Court re-iterates that neither the letter nor the spirit of article 6 of the Convention prevents a person from waiving of his own free will, either expressly or tacitly, the entitlement to the guarantees of a fair trial; however, any such waiver must be made in an unequivocal manner and must not run counter to any important public interest." To inform someone of a prosecution brought against him was a legal act of such importance that it must be carried out in accordance with procedural and substantive requirements capable of guaranteeing the exercise of the accused's rights. Even supposing that the applicant was indirectly aware that criminal proceedings had been opened against him, it could not be inferred that he had unequivocally waived his right to appear at his trial. As for the question of safeguards: "It remains to be determined whether the domestic legislation afforded him with sufficient certainty the opportunity of appearing at a new trial." That safeguard was absent, as the remedy that the criminal procedure code provided did not guarantee with sufficient certainty that the applicant would have the opportunity of appearing at a new trial to present his defence. 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Ernestina Zullo -v- Italy 64897/01; [2004] ECHR 611; [2006] ECHR 277; [2006] ECHR 277; [2004] ECHR 611 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Cocchiarella -v- Italy 64886/01; [2004] ECHR 609; [2006] ECHR 270; [2006] ECHR 270; [2004] ECHR 609 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Baran -v- Turkey 48988/99; [2004] ECHR 606; [2004] ECHR 606 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Violation of Art. 6-1; Not necessary to examine Art. 6-3-b; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Kalin -v- Turkey 31236/96; [2004] ECHR 616; [2004] ECHR 616 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; No violation of Art. 7; Violation of Art. 6-1; Not necessary to examine Art. 14; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Dicle -v- Turkey 34685/97; [2004] ECHR 610; [2004] ECHR 610 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Violation of Art. 6-1; No violation of Art. 18; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Unal -v- Turkey 48616/99; [2004] ECHR 622; [2004] ECHR 622 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 6-3; Inadmissible under Art. 3; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Ayhan -v- Turkey (No. 2) 49059/99; [2004] ECHR 605; [2004] ECHR 605 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Violation of Art. 6-1; Not necessary to examine Art. 6-3; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ] Â Riccardi Pizzati -v- Italy 62361/00; [2004] ECHR 619; [2006] ECHR 275; [2006] ECHR 275; [2004] ECHR 619 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (national proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Apicella -v- Italy 64890/01; [2004] ECHR 603; [2006] ECHR 269; [2006] ECHR 269; [2004] ECHR 603 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Carletti And Bonetti -v- Italy 62457/00; [2004] ECHR 608; [2004] ECHR 608 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Finazzi -v- Italy 62152/00; [2004] ECHR 612 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Giuseppina And Orestina Procaccini -v- Italy 65075/01; [2004] ECHR 615 10 Nov 2004 ECHR Human Rights, Damages ECHR (French Text) Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. European Convention on Human Rights 1 Citers [ Bailii ] - [ Bailii ] Â Giuseppe Mostacciuolo -v- Italy (No. 1) 64705/01; [2004] ECHR 613; [2006] ECHR 271 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Giuseppe Mostacciuolo -v- Italy (No. 2) 65102/01; [2004] ECHR 614; [2006] ECHR 272; [2006] ECHR 272; [2004] ECHR 614 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Musci -v- Italy 64699/01; [2004] ECHR 617; [2006] ECHR 273; [2006] ECHR 273; [2004] ECHR 617 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses (national proceedings) - claim rejected; Costs and expenses - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Ayhan -v- Turkey (No. 1) 45585/99; [2004] ECHR 604; [2004] ECHR 604 10 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Regina (Kent Pharmaceuticals Ltd) -v- Serious Fraud Office [2004] EWCA Civ 1494; Times, 18 November 2004; [2005] 1 WLR 1302; [2005] 1 All ER 449 11 Nov 2004 CA Lord Justice Kennedy Lord Justice Chadwick Lord Justice Dyson Criminal Practice, Human Rights In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had only been told after the event. Held: A release should normally only take place after giving notice. Criminal Justice Act 1987 2(4) 1 Cites 1 Citers [ Bailii ] Â Malenko V Ukraine 18660/03; [2007] ECHR 466; [2009] ECHR 303 11 Nov 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Â In re W (a Child) (Care proceedings: Leave to apply); FD 11-Nov-2004 - Times, 22 November 2004 Â Bruncrona -v- Finland 41673/98; [2004] ECHR 625; [2006] ECHR 458; [2006] ECHR 458; [2004] ECHR 625; [2011] ECHR 1263 16 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection dismissed (six month period, non-exhaustion of domestic remedies); Violation of P1-1;Just satisfaction reserved. 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Norwood -v- United Kingdom (2004) 40 EHRR SE 111; [2004] ECHR 730 16 Nov 2004 ECHR Human Rights (inadmissible) European Convention on Human Rights 17 1 Cites 1 Citers [ ECHR ] Â Â Massey -v- United Kingdom; ECHR 16-Nov-2004 - Times, 24 November 2004; 14399/02; [2004] ECHR 632 Â Hooper -v- United Kingdom Times, 19 November 2004; 42317/98; [2004] ECHR 628; [2004] ECHR 628 16 Nov 2004 ECHR Human Rights The defendant had appeared in court on a charge of assault. The magistrate considered that he might be unruly and withoutmore bound him over to keep the peace. In the absence of any surety, he was committed to custody. Held: The proceedings infringed the defendant's human rights. His liberty was at stake, and he was entitled to representation. A court needed to be sure that such an order did not amount to an automatic sentence of imprisonment. 1 Cites 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] Â Wood -v- United Kingdom Times, 23 November 2004 16 Nov 2004 ECHR Human Rights Police officers had placed suspects in a cell together and covertly recorded their conversation in order to obtain evidence against them. The events took place in 1999. Held: The recording was outside any legal system of control and interefred with the defendants right to respect for his private life. The action infringed both articles 8 and 13. European Convention on Human Rights 8 13 1 Cites Â King -v- United Kingdom 13881/02; Times, 23 November 2004; [2004] ECHR 631; [2004] ECHR 631 16 Nov 2004 ECHR Human Rights The claimant had been subject to tax penalty proceedings. They continued for more than 14 years. Held: The length of the proceedings exceeded the time properly to be allowed, and infringed his right to a fair trial. Though the taxpayer himself had contributed to the delay with unmeritorious appeals, the state's delay was excessive. European Convention on Human Rights 6.1 1 Cites [ ECHR ] - [ Bailii ] - [ Bailii ] Â Karhuvaara And Iltalehti -v- Finland 53678/00; [2004] ECHR 630; [2004] ECHR 630 16 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Pecuniary damage - financial award; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Issa And Others -v- Turkey 17 BHRC 473; 31821/96; [2004] ECHR 629; (2005) 41 EHRR 27 16 Nov 2004 ECHR J-P Costa, P Human Rights Accountability for violation of the Convention rights and freedoms of persons in another state stems from the fact that article 1 of the Convention cannot be interpreted so as to allow a state party to perpetrate violations of the Convention on the territory of the other state which it could not perpetrate on its own territory. The court was asked whether extra-territorial jurisdiction existed in relation to allegations that Turkey had committed breaches of ECHR rights in connection with the deaths of Iraqi shepherds who had allegedly been killed by Turkish soldiers in northern Iraq. Held: The question of jurisdiction raised a live issue. Turkey had at all times denied the factual basis of the applicants' allegations and, by implication, their specific and crucial contention that the deceased shepherds were under the control and authority of Turkish armed forces operating in northern Iraq at the relevant time and were, accordingly, within the jurisdiction of Turkey. The argument of the Turkish Government on the jurisdiction issue picked up the Court's conclusion in Bankovic that the ECHR was a treaty operating in an essentially regional context. Turkey asserted that the mere presence of Turkish armed forces in northern Iraq for a limited time and for a limited purpose was not synonymous with Article 1 "jurisdiction". Turkey did not exercise effective control of any part of Iraq. In any event no Turkish soldiers had been present in the relevant area. The applicants maintained that Turkey's ground operations in northern Iraq at the time (when they were deploying more than 35,000 ground troops backed by tanks, helicopters and F-16 fighter aircraft) were sufficient to constitute "effective overall control" (within the meaning of the Loizidou judgment). Given the degree of control enjoyed by the Turkish armed forces of the area, they argued that the Turkish government had de facto authority over northern Iraq and its inhabitants, as opposed to de jure sovereignty. When it set out the governing principles the Court reminded itself that the concept of "jurisdiction" for the purposes of Article 1 of the ECHR had to be considered to reflect the term's meaning in public international law. Then after setting out . . what was by now a familiar restatement of ECA principles, the court continued: "Moreover, a state may also be held accountable for violation of the convention rights and freedoms of persons who are in the territory of another state but who are found to be under the former state's authority and control through its agents operating - whether lawfully or unlawfully - in the latter state (see, mutatis mutandis, M v Denmark (1992) 15 EHRR CD 28; Illich Sanchez Ramirez v France (1996) 86 DR 155; Coard v US (1999) 9 BHRC 150 at paras 37, 39, 41 and 43; and the views adopted by the Human Rights Committee on 29 July 1981 in the cases of Lopez Burgos v Uruguay (no 52/1979) (29 July 1981) at para 12.3 and Celiberti de Casariego v Uruguay (no 56/1979) (29 July 1981) at para 10.3 respectively). Accountability in such situations stems from the fact that art 1 of the convention cannot be interpreted so as to allow a state party to perpetrate violations of the convention on the territory of another state, which it could not perpetrate on its own territory ([1996] ECHR 15318/89)." 1 Citers [ Worldlii ] - [ Bailii ] Â Selisto -v- Finland [2005] EMLR 1; 56767/00; [2004] ECHR 634; [2004] ECHR 634 16 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings. 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] Â Moreno Gomez -v- Spain 4143/02; [2004] ECHR 633; (2005) 41 EHRR 40 16 Nov 2004 ECHR Human Rights The court discussed the significance of article 8: "Article 8 of the Convention protects the individual's right to respect for his private and family life, his home and his correspondence. A home will usually be the place, the physically defined area, where private and family life develops. The individual has a right to respect for his home, meaning not just the right to the actual physical area, but also to the quiet enjoyment of that area. Breaches of the right to respect of the home are not confined to concrete or physical breaches, such as unauthorised entry into a person's home, but also include those that are not concrete or physical, such as noise, emissions, smells or other forms of interference. A serious breach may result in the breach of a person's right to respect for his home if it prevents him from enjoying the amenities of his home (see Hatton v UK [2003] ECHR 36022/97 at para 96)." European Convention on Human Rights 8 - European Convention on Human Rights 8 1 Citers [ Bailii ] Â Unal Tekeli -v- Turkey 29865/96; [2004] ECHR 635 16 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (victim, six-month period);Violation of Art. 14+8; Not necessary to examine Art.8; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings. 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] Â Canady -v- Slovakia 53371/99; [2004] ECHR 626; [2004] ECHR 626 16 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Wood -v- The United Kingdom 23414/02; [2004] ECHR 636; [2004] ECHR 636 16 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 8; Violation of Art. 13; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Alberto Sanchez -v- Spain 72773/01; [2004] ECHR 624 16 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (applicability, non-exhaustion of domestic remedies);Violation of Art. 6-1 with regard to the length of the proceedings;Inadmissible under Art. 6-1 with regard to the fairness of the proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Nilsen -v- HM Prison Full Sutton and Another [2004] EWCA Civ 1540; Times, 23 November 2004; [2005] 1 WLR 1028 17 Nov 2004 CA Mr Justice Gage, Lord Justice Kennedy, Lord Phillips Master Of The Rolls Prisons, Human Rights, Media The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. Held: Section 47 of the Act speaks not only of regulation and management of prisons but control of prisoners, and one legitimate aspect of a sentence of imprisonment is that it renders subject to control the exercise of the prisoner's freedom to express himself to those who are outside the prison. "We do not believe that any penal system could readily contemplate a regime in which a rapist or a murderer would be permitted to publish an article glorifying in the pleasure that his crime had caused him. English jurisprudence suggests that to restrict prisoners from publishing such matter is a legitimate exercise of the power conferred on the Secretary of State by the Prison Act. " European Convention on Human Rights - Prison Rules 1999 1 Cites 1 Citers [ Bailii ] Â Kostic -v- Croatia 69265/01; [2004] ECHR 638; [2004] ECHR 638 18 Nov 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Reinmuller -v- Austria 69169/01; [2004] ECHR 644; [2004] ECHR 644 18 Nov 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Kvartuc -v- Croatia 4899/02; [2004] ECHR 639; [2004] ECHR 639 18 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Qufaj Co. Sh.P.K. -v- Albania 54268/00; [2004] ECHR 643; [2004] ECHR 643; [2011] ECHR 1577 18 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (victim);Violation of Art. 6; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Wasserman -v- Russia 15021/02; [2004] ECHR 645; [2004] ECHR 645 18 Nov 2004 ECHR Human Rights ECHR 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 partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Pravednaya -v- Russia 69529/01; [2004] ECHR 641; [2004] ECHR 641 18 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Violation of P1-1. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Fotopoulou -v- Greece 66725/01; [2004] ECHR 637; [2004] ECHR 637 18 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1; Violation of Art. 13; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Zazanis And Others -v- Greece 68138/01; [2004] ECHR 646; [2004] ECHR 646 18 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage - financial award; Costs and expenses - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Prokopovich -v- Russia 58255/00; [2004] ECHR 642; [2004] ECHR 642; [2011] ECHR 1681 18 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (estoppel); Violation of Art. 8; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Edwards and Others -v- United Kingdom 46416/99; 38260/97; Times, 16 November 2004; 47143/99; [2004] ECHR 627 19 Nov 2004 ECHR Human Rights The UK and the applicants had reached a friendly settlement over an action with respect to the unavailability of legal aid in poll tax enforcement proceedings. European Convention on Human Rights [ ECHR ] - [ Bailii ] - [ Bailii ] Â Puolitaival And Pirttiaho -v- Finland 54857/00; [2004] ECHR 647; [2004] ECHR 647 23 Nov 2004 ECHR Human Rights ECHR Judgment (Merits) - No violation of Art. 6-1. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Hammond, Regina (on the Application of) -v- Secretary of State for the Home Department [2004] EWHC 2753 (Admin); Times, 06 December 2004 25 Nov 2004 Admn Thomas LJ, Richards J, Fulford J Prisons, Human Rights The defendant had heard that the sentencing judge would set his sentence tarriff without an oral hearing, and would then give his decision in open court. He sought judicial review. Held: Review was granted. The availability of a right of appeal was not of itself sufficient to justify a declaration of incompatibility for a section whose procedure did not respect the applicant's human rights. Paragraph 11 might prevent a judge from holding a hearing where he thought one was necessary to satisfy the applicant's rights to a fair trial, and must be read to be subject to a condition permitting a discretion to the judge to hold an oral hearing. A judge might occasionally exercise a discretion to hold an oral hearing. Human Rights Act 1998 3(1) - Criminal Justice Act 2003 Sch 22 p11 1 Cites 1 Citers [ Bailii ] Â Â Oneryildiz -v- Turkey; ECHR 30-Nov-2004 - [2004] ECHR 657; (2005) 41 EHRR 20; 48939/99 Â Kos -v- The Czech Republic 75546/01; [2004] ECHR 655; [2004] ECHR 655 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 concerning the length of proceedings; Inadmissible under Art. 6-1 concerning the length of the other set of proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Karasova -v- The Czech Republic 71545/01; [2004] ECHR 653; [2004] ECHR 653 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 concerning the length of proceedings; Inadmissible under Art. 6-1 concerning the fairness of the proceedings; Inadmissible under P1-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Sahindogan -v- Turkey 54545/00; [2004] ECHR 659 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 6-3-c; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ] Â Vaney -v- France 53946/00; [2004] ECHR 660; [2004] ECHR 660; [2010] ECHR 1879 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 concerning criminal proceedings; Violation of Art. 6-1 concerning civil proceedings; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] - [ Bailii ] Â Vrana -v- The Czech Republic 70846/01; [2004] ECHR 661; [2004] ECHR 661 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim dismissed; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Bruxelles -v- France 46922/99; [2004] ECHR 650; [2004] ECHR 650 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Fenech -v- France 71445/01; [2004] ECHR 651; [2004] ECHR 651 30 Nov 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Mykhaylenky And Others -v- Ukraine 35091/02;35196/02;35201/02;...; [2004] ECHR 656; [2004] ECHR 656 30 Nov 2004 ECHR Human Rights European Convention on Human Rights [ Bailii ] - [ Bailii ] Â Bakalov -v- Ukraine 14201/02; [2004] ECHR 649; [2004] ECHR 649 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objections dismissed (victim, non-exhaustion of domestic remedies); Violation of Art. 6-1; Violation of P1-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Wright, Regina (on the Application Of) -v- Secretary of State for the Home Department [2004] EWHC 3084 (Admin) 30 Nov 2004 Admn bennett J Human Rights European Convention on Human Rights 5(5) [ Bailii ] Â Zaskiewicz -v- Poland 46072/99;46076/99; [2004] ECHR 662; [2004] ECHR 662 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Akram -v- Adam [2004] EWCA Civ 1601; Times, 29 December 2004; [2005] 1 WLR 1762; [2005] 1 All ER 741 30 Nov 2004 CA Lord Justice Brooke Lord Justice Keene Lord Justice Parker The Vice President Of The Court Of Appeal (Civil Division) Civil Procedure Rules, Human Rights The defendant sought to set aside a possession order made where he did not know of the proceedings. Held: The judge had a discretion, not a duty, to set aside a possession order made in such circumstances. Human rights law required the court to allow a defendant a right to be heard, but if on such a hearing, the court found that he had no real prospect of success then that right was not infinged by a rule which allowed the judgment to stand. Under the pre-CPR practice there was a difference between an irregular judgment, which could be set aside as of right, and a regular judgment, where the defendant had to show that he had a defence on the merits before the court would be prepared to have the judgment set aside. Civil Procedure Rules 6.5(6) - European Convention on Human Rights 6 1 Citers [ Bailii ] Â Mykhaylenky And Others -v- Ukraine 35091/02;35196/02;35201/02; 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objections dismissed (non-exhaustion of domestic remedies, ratione personae);Violation of Art. 6-1; Violation of P1-1; Pecuniary damage - financial award;Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] Â A.K. And V.K. -v- Turkey 38418/97; [2004] ECHR 648; [2004] ECHR 648 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Non violation of Art. 2 with regard to death; Violation of Art. 2 with regard to lack of effective investigation; Non violation of Art. 3; Violation of Art. 13; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Klyakhin -v- Russia 46082/99; [2004] ECHR 654; [2004] ECHR 654 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 6-1; Violation of Art. 13+6; Violation of Art. 8; No violation of Art. 13+8; Violation of Art. 34; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Ozkaya -v- Turkey 42119/98; [2004] ECHR 658; [2004] ECHR 658 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Gumusten -v- Turkey 47116/99; [2004] ECHR 652; [2004] ECHR 652 30 Nov 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Karellis -v- Greece 6706/02; [2004] ECHR 664; [2004] ECHR 664 2 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Violation of Art. 13; Inadmissible under the others complaints; Just satisfaction - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Yaroslavtsev -v- Russia 42138/02; [2004] ECHR 665; [2004] ECHR 665 2 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Inadmissible under P1-1; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Farbtuhs -v- Latvia 4672/02; [2004] ECHR 663; [2004] ECHR 663 2 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 3; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â MH, Regina (on the Application of) -v- Secretary of State for the Department of Health [2004] EWCA Civ 1609 3 Dec 2004 CA Human Rights, Health Mental Health Act 1983 - European Convention on Human Rights 5 [ Bailii ] Â MH, Regina (on the Application of) -v- Secretary of State for the Department of Health [2004] EWCA Civ 1690; Times, 08 December 2004 3 Dec 2004 CA Lord Justice Buxton Mr Justice Lindsay Lord Justice Wall Health, Human Rights The patient had been detained under the Act and was incapable of making an application for her freedom. Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been originally detained, the patient's detention had been extended, and application made to remove her mother as 'nearest relative' The result was to leave her with no effective way of exercising her rights. Mental Health Act 1983 29(4) 1 Cites [ Bailii ] Â Mehmeti, Regina (on the Application Of) -v- Secretary of State for the Home Department [2004] EWHC 2999 (Admin) 3 Dec 2004 Admn Immigration, Human Rights European Convention on Human Rights 3 8 [ Bailii ] Â Matthews, Regina (on the Application of) -v- Employment Tribunal [2004] EWHC 3385 (Admin) 6 Dec 2004 Admn Hughes J Employment, Litigation Practice, Human Rights The applicants sought to challenge the practice of employment tribunals not to record their proceedings. They wished to allege perjury by a witness but had found that no prosecution would flow without a record. Held: the application for judicial review was unarguable and failed. "Article 6 requires that the claimant should have had a full and public fair hearing, where his rights were in issue, as they were. The absence of recording equipment is, however, entirely irrelevant to whether the hearing itself is fair or not. " European Convention on Human Rights 6 [ Bailii ] Â Kilian -v- The Czech Republic 48309/99; [2004] ECHR 667; [2004] ECHR 667 7 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Geniteau -v- France 49572/99; [2004] ECHR 666; [2004] ECHR 666 7 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - finding of violation sufficient; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Laporte, Regina (on the Application of) -v- Gloucestershire Constabulary and others [2005] QB 678; [2004] EWCA Civ 1639; Times, 13 December 2004; [2005] All ER 473 8 Dec 2004 CA Lord Justice Rix The Lord Chief Justice Of England &Amp; Wales Lord Justice Clarke Police, Human Rights The claimant had been in a bus taking her and others to an intended demonstration. The police feared breaches of the peace, and stopped the bus, and ordered the driver to return to London, and escorted it to ensure it did not stop. Held: The police were correct to anticipate a breach of the peace and were correct to stop the coach: " . . . it is necessary to distinguish between arrest and preventive action short of arrest, including temporary detention. We regard what is sufficiently "imminent" to justify taking action to prevent a breach of the peace as dependent on all the circumstances. . . What preventive action was necessary and proportionate, however, would be very much influenced by how close in proximity, both in place and time, the location of the apprehended breach of the peace was." However the police exceeded their powers in returning the passengers to London as virtual prisoners. 1 Cites 1 Citers [ Bailii ] Â Rega -v- France 55704/00; [2004] ECHR 674; [2004] ECHR 674 9 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Gokdere And Gul -v- Turkey 49655/99; [2004] ECHR 671; [2004] ECHR 671 9 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 as regards independence and impartiality; Not necessary to examine Art. 6-1 as regards the fairness of the proceedings; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Plavsic -v- Croatia 13862/02; [2004] ECHR 673; [2004] ECHR 673 9 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Dodos -v- Croatia 9720/02; [2004] ECHR 668; [2004] ECHR 668 9 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Zovanovic -v- Croatia 12877/02; [2004] ECHR 676; [2004] ECHR 676 9 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 13; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â The British-Irish Rights Watch and Others -v- Security Service, Gchq and The Sis [2004] UKIPTrib 01_77 9 Dec 2004 IPT Police, Human Rights [ Bailii ] Â Dragicevic -v- Croatia 11814/02; [2004] ECHR 669; [2004] ECHR 669 9 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 13; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected;Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Elden -v- Turkey 40985/98; [2004] ECHR 670; [2004] ECHR 670 9 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Violation of Art. 6-1; Not necessary to examine Art. 6-3-b; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Kennedy -v- Security Services, Gchq and The Met [2004] UKIPTrib 01_62_3 9 Dec 2004 IPT Police, Human Rights [ Bailii ] Â Van Rossem -v- Belgique 41872/98; [2004] ECHR 675; [2004] ECHR 675 9 Dec 2004 ECHR Human Rights ECHR Judgment (Merits) - Violation of Art. 8 . [ ECHR ] - [ Bailii ] - [ Bailii ] Â Lalic -v- Croatia 9514/02; [2004] ECHR 672; [2004] ECHR 672 9 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Mlynarczyk -v- Poland 51768/99; [2004] ECHR 680; [2004] ECHR 680 14 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Pause -v- France 61092/00; [2004] ECHR 682; [2004] ECHR 682 14 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - No violation of Art. 6-1 as regards the failure to summon the applicant to the hearing and his lack of participation therein; Violation of Art. 6-1 on account of the failure to supply a copy of the advocate-general\'s submissions; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Cossec -v- France 69678/01; [2004] ECHR 678; [2004] ECHR 678 14 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Becvar And Becvarova -v- The Czech Republic 58358/00; [2004] ECHR 677; [2004] ECHR 677 14 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Inadmissible under P1-1; Pecuniary damage - claim rejected;Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Gelfmann -v- France 25875/03; [2004] ECHR 679; [2008] ECHR 679 14 Dec 2004 ECHR Human Rights ECHR Judgment (Merits) - No violation of Art. 3. [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ] Â Al Skeini and Others, Regina (on the Application of) -v- Secretary of State for Defence and Another [2004] EWHC 2911 (Admin); Times, 20 December 2004; [2007] QB 140; [2005] 2 WLR 1401; [2005] HRLR 3; [2005] UKHRR 427; [2005] ACD 51 14 Dec 2004 Admn Mr Justice Forbes Lord Justice Rix Human Rights, Armed Forces, Jurisdiction, Coroners Several dependants of persons killed in Iraq by British troops claimed damages. Held. The court considered extensively the scope and applicability of article 1 duties. In general an English court would have no jurisdiction over deaths abroad at the hands of British troops in a war situation. One death however had occurred whist the deceased was in the custody of the British Forces whilst they were the occupying power. Here sufficient jurisdiction and duties of care arose, and the family were entitled to a proper investigation of the circumstances of the death. European Convention of Human Rights 1 Cites 1 Citers [ Bailii ] Â Nesme -v- France 72783/01; [2004] ECHR 681; [2004] ECHR 681 14 Dec 2004 ECHR Human Rights ECHR Judgment (Merits) - Violation of Art. 6-1 on account of the failure to supply a copy of the reporting judge\'s report and the fact that the advocate-general was present at the deliberations; No violation of Art. 6-1 as regards the time-limit for the lodging of supplementary pleadings; No violation of Art. 6-1 as regards the failure to summon the applicant to the hearing and his lack of participation therein; Violation of Art. 6-1 on account of the alleged failure to supply a copy of the advocate-general\'s submissions; Inadmissible as regards the other complaints under Art. 6-1. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Trailer & Marina (Leven) Ltd, Regina (on the Application Of) -v- Secretary of State for the Environment, Food & Rural Affairs and Another [2004] EWCA Civ 1580; Times, 28 December 2004 15 Dec 2004 CA Lord Phillips Of Worth Matravers MR, Lord Justice Sedley and Lord Justice Neuberger Land, Human Rights The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientif Interest, with the effect that it was unusable. It had come to be a habitat for wildlife, and the order prevented the claimant using the canal for leisure purposes. Held: Where the interference was short of an expropriation, but was a substantial interference in the use of property, the court had to find a fair balance between private rights and the public interest. The court had to give appropriate deference to the decisions of the legislature. Provided the legislature thought it right to interfere with use right without compensation, a fair balance would have been struck. The Act had been amended to take away compensation rights. The Act was not inherently incompatible with property rights. It did not prevent all use and was not a disguised expropriation. Wildlife and Countryside Act 1981 1 Cites 1 Citers [ Bailii ] Â Supreme Holy Council Of The Muslim Community -v- Bulgaria 39023/97; [2004] ECHR 690 16 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 9; No violation of Art. 13; Not necessary to examine Arts. 6 and 14; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ] Â Â A -v- Secretary of State for the Home Department, and X -v- Secretary of State for the Home Department; HL 16-Dec-2004 - [2004] UKHL 56; Times, 17 December 2004; [2005] 2 WLR 87; [2005] 2 AC 68 Â London Borough of Lambeth -v- Grant [2004] EWCA Civ 1711; Times, 05 January 2005 16 Dec 2004 CA Lord Justice Kennedy Lord Justice Chadwick Housing, Children, Immigration, Human Rights The applicant was an overstaying immigrant, and was to be returned to Jamaica. She had three children, the youngest of whom had been born in England. The council sought to pay the fares to return to Jamaica for the whole family rather than to have to pay the costs of housing for them. Held: The appeal succeeded. It was imoportant to remember that the applicant and her family were here illegally, and had no right to support. The applicant could not create such a right by making an application to remain. The power to promote the family's well being included the power to provide the fares. European Convention on Human Rights 8 - Local Government Act 2000 2 1 Cites 1 Citers [ Bailii ] Â Takoushis, Regina (on the Application of) -v- HM Coroner for Inner North London [2004] EWHC 2922 (Admin) 16 Dec 2004 Admn Elias J Coroners, Human Rights A patient suffering schizophrenia had been a voluntary patient. He was allowed to visit another unit within the hospital grounds, but then left altogether and was next found preparing to jump from Tower Bridge. He was taken by ambulance to Hospital but, left to wait, he again left, and a person of his description was seen shortly afterwards to jump into the river at St Katherine's Dock and some weeks later his body was recovered from the river at Wapping. Mrs. Takoushis applied for judicial review of the inquest. She said that the enquiry had been insufficient to satisfy the requirements of article 2 of the ECHR because the Coroner had refused to allow her to call expert evidence relating to the quality of care that her husband had received at the hospital prior to his death. The hospital took part in the proceedings as an interested party. Held. The judge noted that the hospital had accepted that article 2 was engaged. In view of that it was not necessary for him to pursue that point. Sir Anthony Clarke MR said: "Although the possible verdicts at an inquest under the 1988 Act are circumscribed and, in particular must not ascribe criminal or civil liability, that does not mean that the facts should not be fully investigated . ." Coroners Act 1988 - European Convention on Human Rights 2 1 Cites 1 Citers [ Bailii ] Â Mascolo -v- Italy 68792/01; [2004] ECHR 687; [2004] ECHR 687 16 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (estoppel); Violation of P1-1; Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Bacic -v- Croatia 3742/02; [2004] ECHR 683; [2004] ECHR 683 16 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Boca -v- Croatia 9504/02; [2004] ECHR 684; [2004] ECHR 684 16 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Divjak -v- Croatia 9520/02; [2004] ECHR 686; [2004] ECHR 686 16 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Surla -v- Croatia 9704/02; [2004] ECHR 691; [2004] ECHR 691 16 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Miscevic -v- Croatia 15312/02; [2004] ECHR 688; [2004] ECHR 688 16 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Capellini -v- Italy 64009/00; [2004] ECHR 685; [2004] ECHR 685 16 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Pedersen and Baadsgaard -v- Denmark [2006] 42 EHRR 486; [2004] ECHR 693 17 Dec 2004 ECHR Media, Human Rights HUDOC The press must not overstep the bounds set for, among other things, “the protection of the reputation of . . others”, including the requirements of acting in good faith and on an accurate factual basis and of providing “reliable and precise” information in accordance with the ethics of journalism, though "[A] general requirement for journalists systematically and formally to distance themselves from the content of a quotation that might insult or provoke others or damage their reputation is not reconcilable with the press's role of providing information on current events, opinions and ideas (see, for example, Thoma v. Luxembourg." 1 Cites 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] Â LB (Internal Flight Alternative, Article 3) Vietnam [2004] UKIAT 00331 17 Dec 2004 IAT Immigration, Human Rights [ Bailii ] Â Goodson -v- HM Coroner for Bedfordshire & Luton [2004] EWHC 2931 (Admin); [2005] 2 All ER 791; [2006] 1 WLR 432 17 Dec 2004 Admn Richards J Coroners, Human Rights A patient had died in hospital following an operation. The NHS Trust submitted that "There is a real distinction between cases of medical negligence, which were specifically addressed as a discrete area in Calvelli, and cases of intentional killing or failure to protect someone in custody." Held: "Calvelli is both the most recent decision and also a decision of the Grand Chamber; and the judgment in that case analyses the matter solely in terms of the positive obligation to set up an effective judicial system, without reference to the separate procedural obligation to investigate … Whether the matter is analysed in terms of the positive obligation to set up an effective judicial system or in terms of the procedural obligation to investigate may not ultimately be of great significance. Although certain minimum criteria are laid down, the actual nature of an investigation required under article 2 varies according to context; and the Strasbourg cases on deaths resulting from alleged medical negligence show that, if the procedural obligation does apply, the range of remedies available under the judicial system (criminal, civil and possibly disciplinary) can be sufficient to discharge it." 1 Cites 1 Citers [ Bailii ] Â Cumpana and Mazare -v- Roumanie 33348/96; (2005) 41 EHRR 14; [2004] ECHR 692 17 Dec 2004 ECHR Wildhaber P Human Rights (Grand Chamber) Reputation falls within the ambit of the protection afforded by article 8 European Convention on Human Rights 10 1 Cites 1 Citers [ Bailii ] - [ Bailii ] Â Makaratzis -v- Greece 50385/99; (2004) 41 EHRR 1092; [2004] ECHR 694 20 Dec 2004 ECHR Human Rights Police had shot at the applicant's car being driven through road blocks. The claimant was injured. After an administrative investigation seven police officers were prosecuted but acquitted. Held: There had been striking omissions in the conduct of the investigation which had prevented the national court from making as full a finding of fact in the criminal trial as it might otherwise have done. Accordingly the authorities had failed to carry out an effective investigation of the incident and that there had been a violation of article 2: "The obligation to protect the right to life under Article 2 of the Convention, read in conjunction with the state's general duty under Article 1 to 'secure to everyone within [its] jurisdiction the rights and freedoms defined in [the] Convention', requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force. The essential purpose of such an investigation is to secure the effective implementation of the domestic laws safeguarding the right to life and, in those cases involving state agents or bodies, to ensure their accountability for deaths occurring under their responsibility. Since often, in practice, the true circumstances of the death in such cases are largely confined within the knowledge of state officials or authorities, the bringing of appropriate domestic proceedings, such as a criminal prosecution, disciplinary proceedings and proceedings for the exercise of remedies available to victims and their families, will be conditioned by an adequate official investigation, which must be independent and impartial. The same reasoning applies in the case under consideration, where the Court has found that the force used by the police against the applicant endangered his life." 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] Â M, Regina (on the Application Of) -v- Criminal Injuries Compensation Appeals Panel [2004] EWHC 3149 (Admin) 20 Dec 2004 Admn Human Rights Application for leave to appeal refused. [ Bailii ] Â Ormanci And Others -v- Turkey 43647/98; [2004] ECHR 700; [2004] ECHR 700 21 Dec 2004 ECHR Human Rights ECHR Judgment (Merits) - Violation of Art. 6-1. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Derkach And Palek -v- Ukraine 34297/02;39574/02; [2004] ECHR 698; [2004] ECHR 698 21 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 13; Violation of P1-1; Pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â The Financial Services Authority -v- William Matthews Patricia Janet Matthews [2004] EWHC 2966 (Ch) 21 Dec 2004 ChD Smith The Honourable Mr Justice Peter Smith Financial Services, Human Rights The Authority sought a finding that the respondents had infringed their duties in providing financial advice with respect to the moving of personal pensions and had failed to comply with an order an order for compensation. The defendants asserted that the award made was incorrect and infringed their human rights. Held: The parties had been notified of the time limits for appealing the original findings, and had not appealed. There had been no procedural unfairness. The order stood. As to the amount payable, in view of the defendants' limited means, an order foir a top-up rather than a re-instatement would be substituted for the original. Financial Services and Markets Act 2000 382 1 Cites [ Bailii ] Â Malcolm -v- Mackenzie, Allied Dunbar Plc [2004] EWCA Civ 1748; [2004] EWCA Civ 1748; Times, 04 January 2005 21 Dec 2004 CA Lord Justice Mummery Lord Justice Chadwick Lord Justice Tuckey Insolvency, Human Rights, Financial Services The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory. Held: The differential treatment arose because contractual pension rights fell within a definition in the Act, and not from a difference in treatment of persons of different status. The appeal failed. Welfare Reform and Pensions Act 1999 11 1 Cites 1 Citers [ Bailii ] Â Talat Tepe -v- Turkey 31247/96; [2004] ECHR 702 21 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - No violation of Art. 3; No violation of Art. 5-1; Violation of Art. 5-3; Violation of Art. 5-4; Not necessary to examine Art. 6-1; Violation of Art. 13; No violation of Art. 14; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Busuioc -v- Moldova 61513/00; [2004] ECHR 695; [2004] ECHR 695 21 Dec 2004 ECHR Human Rights, Defamation ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10 with regard to certain statements; No violation of Art. 10 with regard to other statements; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. 1 Citers [ ECHR ] - [ Bailii ] - [ Bailii ] Â Centrum Stavebniho Inzenyrstvi, A.S. -v- The Czech Republic 65189/01; [2004] ECHR 696; [2004] ECHR 696 21 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - financial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Moreira Barbosa -v- Portugal 65681/01; [2004] ECHR 699 21 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (finding of a friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Wojtkiewicz -v- Poland 45211/99; [2004] ECHR 704; [2004] ECHR 704 21 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Danczak -v- Poland 57468/00; [2004] ECHR 697; [2004] ECHR 697 21 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Skodakova -v- The Czech Republic 71551/01; [2004] ECHR 701; [2004] ECHR 701 21 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Zarjewska -v- Poland 48114/99; [2004] ECHR 705; [2004] ECHR 705 21 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1 with regard to the first proceedings; Violation of Art. 6-1 with regard to the second proceedings; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Vural -v- Turkey 56007/00; [2004] ECHR 703; [2004] ECHR 703 21 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 6-2; Not necessary to examine Art. 6-3; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Iliev -v- Bulgaria 48870/99; [2004] ECHR 711; [2004] ECHR 711 22 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 5-3; Violation of Art. 6-1; Inadmissible under Art. 5-1 and Art. 5-4; Non-pecuniary damage - financial award; Costs and expenses partial award -Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Badovinac -v- Croatia 9761/02; [2004] ECHR 707; [2004] ECHR 707 22 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Lebegue -v- France 57742/00; [2004] ECHR 713; [2004] ECHR 713 22 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Non-pecuniary damage - finding of violation sufficient; Costs and expenses (domestic proceedings) - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Hannak -v- Austria 70883/01; [2004] ECHR 710; [2004] ECHR 710 22 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Sehmus Aydin -v- Turkey 40297/98; [2004] ECHR 717; [2004] ECHR 717 22 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 6-3; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Merger And Cros -v- France 68864/01; [2004] ECHR 714; [2004] ECHR 714 22 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of P1-1 in conjunction with Art. 14 with regard to the inheritance rights; No violation of P1-1 in conjunction with Art. 14 with regard to the capacity to receive assets as a gift; Not necessary to examine Art. 14+8 with regard to the inheritance rights; Violation of Art. 14+8 with regard to the capacity to receive assets as a gift; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Metin Yilmaz -v- Turkey 45733/99; [2004] ECHR 715; [2004] ECHR 715 22 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Not necessary to examine Art. 6-3; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Bojilov -v- Bulgaria 45114/98; [2004] ECHR 709; [2004] ECHR 709 22 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 5-3 with regard to the right to be brought promptly before a judge; No violation of Art. 5-1 with regard to the lawfulness of the detention; Violation of Art. 5-3 with regard to the length of detention on remand; Violation of Art. 5-1 as regard to the keeping in detention; Violation of Art. 5-5; Non-pecuniary damage - financial award; Costs and expenses - claim rejected. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Mitev -v- Bulgaria 40063/98; [2004] ECHR 716; [2004] ECHR 716 22 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 5-3 with regard to the right to be brought promptly before a judge; Violation of Art. 5-3 with regard to the length of detention on remand; Violation of Art. 5-1; Violation of Art. 5-4; Violation of Art. 5-5; Violation of Art. 6-1; Violation of Art. 13; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Androne -v- Romania 54062/00; [2004] ECHR 706; [2004] ECHR 706 22 Dec 2004 ECHR Human Rights ECHR 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 partial award - domestic proceedings; Costs and expenses award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Kaptan -v- Turkey 46749/99; [2004] ECHR 712; [2004] ECHR 712 22 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list (friendly settlement). [ ECHR ] - [ Bailii ] - [ Bailii ] Â Blommen -v- Belgium 47265/99; [2004] ECHR 708; [2004] ECHR 708 22 Dec 2004 ECHR Human Rights ECHR Judgment (Struck out of the List) - Struck out of the list. [ ECHR ] - [ Bailii ] - [ Bailii ] Â Stoeterij Zangersheide N.V. And Other -v- Belgium 47295/99; [2004] ECHR 718; [2004] ECHR 718 22 Dec 2004 ECHR Human Rights ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses (domestic proceedings) - claim rejected; Costs and expenses partial award - Convention proceedings. [ ECHR ] - [ Bailii ] - [ Bailii ] Â
		Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.

swarb.co.uk - law index

Human Rights - From: 2004 To: 2004