Marshall v United Kingdom: ECHR 10 Jul 2001

In 1998 the authorities in Northern Ireland continued to be confronted with the threat of terrorist violence, even although, by that time, its actual incidence had gone down. There had therefore been no return to normality and there was no basis for the Court to controvert the authorities’ assessment of the situation in the Province in terms of the threats which organised violence posed for the life of the community and the search for a peaceful settlement. In this connexion the Court went on to recall: ‘that by reason of their direct and continuous contact with the pressing needs of the moment, the national authorities are in principle better placed than the international judge to decide both on the presence of such an emergency and on the nature and scope of the derogation necessary to avoid it….’
Unreported, 10 July 2001
Human Rights
Cited by:
CitedA v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .

Lists of cited by and citing cases may be incomplete.
Updated: 01 August 2021; Ref: scu.220476