Search Results for: European Convention on Human Rights Art 6

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AAM (A Child) v Secretary of State for The Home Department: QBD 27 Sep 2012

The claimant sought damages, alleging false imprisonment and breach of article 5 of the European Convention on Human Rights. The defendant conceded that the detention had been unlawful because officers had wrongly applied a presumption that an asylum seeker who arrived clandestinely should be detained, but disputed that other grounds on which the claimant alleged … Continue reading AAM (A Child) v Secretary of State for The Home Department: QBD 27 Sep 2012

Regina (T) v the Secretary of State for the Home Department; similar: CA 23 Sep 2003

The claimant asylum seeker had been refused benefits having failed to declare his application on entry. The Secretary now appealed a finding that the decision was flawed. Was the treatment of the applicant inhuman or degrading? Held: No simple test could be laid down, and each case is to be considered individually. The appeal court, … Continue reading Regina (T) v the Secretary of State for the Home Department; similar: CA 23 Sep 2003

Gilyov And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 17869/21, [2022] ECHR 800 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681671

Panchenko And Gereglyad v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 62266/19, [2022] ECHR 780 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681718

Volyk v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 8942/17, [2022] ECHR 788 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681761

Zalevskyy And Vitkovskyy v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 35093/19, [2022] ECHR 777 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681766

Suslov v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 46298/19, [2022] ECHR 778 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681748

Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013

Article 6 Civil proceedings Article 6-1 Access to court Lack of right of appeal against sanctions imposed on applicants on basis of UN Security Council resolutions: violation Facts – The first applicant is an Iraqi national who lives in Jordan and manages a company incorporated under Panamanian law and based in Panama (the second applicant). … Continue reading Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013

Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

The claimants sought judicial review of schemes which they said appeared to require them to work for free in order to claim Jobseekers Allowance. Held: Judicial review was granted. There had been a breach of regulation 4(2) of the 2011 Regulations, because the Secretary of State had breached regulation 4(2), by the failure to provide … Continue reading Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions: Admn 6 Aug 2012

Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

It will only be in exceptional circumstances that an applicant’s private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition. Recalling that there is no right in the Convention not to be extradited and that, by implication, there is no right to be prosecuted in a … Continue reading Ahmad and Aswat v United Kingdom: ECHR 6 Jul 2010

Regina (O) v Harrow Crown Court: Admn 16 Apr 2003

The defendant had been refused bail. He had a previous conviction for rape, and now faced another charge. The custody time limit had also now expired. He complained that the removal of the statutory presumption in favour of bail infringed his rights. Held: Under s25, a defendant in this category should be granted bail only … Continue reading Regina (O) v Harrow Crown Court: Admn 16 Apr 2003

Biro And Thers v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 77948/13, [2022] ECHR 774 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681644

S v France: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Citations: 18207/21, [2022] ECHR 801 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681749

Ignatchenko v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 27265/18, [2022] ECHR 792 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681674

Mustafa Hajili And Others v Azerbaijan: ECHR 6 Oct 2022

ECHR Judgment : Article 11 – Freedom of assembly and association : Fifth Section Citations: 69483/13, [2022] ECHR 773 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681710

Ostapenko v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 19143/21, [2022] ECHR 802 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681716

Zakharov And Others v Russia 47538/16: ECHR 13 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 47538/16, [2022] ECHR 834 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681764

Aneva and Others v Bulgaria: ECHR 6 Apr 2017

Judgment : Remainder inadmissible Violation of Article 8 – Right to respect for private and family life (Article 8 – Positive obligation.) – Judgment : Preliminary objection joined to merits and dismissed (Article 35-1 – Exhaustion of domestic remedies) Violation of Article 8 Citations: 66997/13, [2017] ECHR 334 Links: Bailii Statutes: European Convention on Human … Continue reading Aneva and Others v Bulgaria: ECHR 6 Apr 2017

Leontyev v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 2 – Right to life : Fifth Section Committee Citations: 9262/19, [2022] ECHR 776 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681701

Perspektyvnyy v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 9225/20, [2022] ECHR 781 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681723

Makarov And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 49715/18, [2022] ECHR 775 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681703

Volozhanin And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 8810/21, [2022] ECHR 796 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681760

Pushkaryov v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 55770/19, [2022] ECHR 779 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681732

Khural And Zeynalov v Azerbaijan: ECHR 6 Oct 2022

ECHR Judgment : No Article 10 – Freedom of expression-{general} : Fifth Section Citations: 55069/11, [2022] ECHR 771 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681682

Kryzhanovskyy And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 16218/17, [2022] ECHR 789 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681691

Fitt v United Kingdom: ECHR 16 Feb 2000

(Grand Chamber) Complaint as to non-disclosure of prosecution evidence. Judges: Wildhaber P Citations: 29777/96, [2000] ECHR 89, (2000) 30 EHRR 480, [2000] Po LR 10 Links: Bailii, Worldlii Statutes: European Convention on Human Rights 5 6.1 Jurisdiction: Human Rights Cited by: Conjoined Hearing – Rowe and Davis v The United Kingdom ECHR 16-Feb-2000 (Grand Chamber) … Continue reading Fitt v United Kingdom: ECHR 16 Feb 2000

Kucherenko And Others v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 17411/21, [2022] ECHR 799 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 November 2022; Ref: scu.681692

M, Regina (on The Application of) v Secretary of State for Home Department: Admn 2 Dec 2010

Judges: Sir Anthony May P Citations: [2010] EWHC 3541 (Admin) Links: Bailii Statutes: European Convention on Human Rights 3 Jurisdiction: England and Wales Citing: Cited – Haward and others v Fawcetts HL 1-Mar-2006 The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment … Continue reading M, Regina (on The Application of) v Secretary of State for Home Department: Admn 2 Dec 2010

JL, Regina (on the Application of) v Secretary of State for the Home Department: CA 24 Jul 2007

The court was asked to order a public enquiry into an attempted suicide in prison. Waller LJ was anxious about the task of defining suicide and near suicide: ‘I am clear that the simple fact of a death or serious injury of a person in custody gives rise to an obligation on the State to … Continue reading JL, Regina (on the Application of) v Secretary of State for the Home Department: CA 24 Jul 2007

P-B (a Minor) (child cases: hearings in open court): CA 20 Jun 1996

The applicant sought to have his application for a residence order heard in open court: ‘Article 6 (1) provides for the public hearing and the public pronouncement of judgment of cases, but with the proviso of exclusion of the press and the public from all or part of the trial ‘in the interest of morals, … Continue reading P-B (a Minor) (child cases: hearings in open court): CA 20 Jun 1996

BU v The Czech Republic: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Citations: 9264/15, [2022] ECHR 786 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 October 2022; Ref: scu.681652

Smagina And Vladimirov v Ukraine: ECHR 6 Oct 2022

ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 41891/15, [2022] ECHR 787 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 October 2022; Ref: scu.681743

Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003

The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. The particular noise is loud and characterised by a very rapid onset with a corresponding startle … Continue reading Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003

Ramazonov v Ukraine 31754/20: ECHR 6 Oct 2022

ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee Citations: 31754/20, [2022] ECHR 783 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 October 2022; Ref: scu.681735

The Christian Federation of Jehovah’s Witnesses of France v France: ECHR 6 Nov 2001

(Non-admissibility Decision) It was affirmed: ‘that Article 34 of the Convention requires that an individual applicant should claim to have been actually affected by the violation he alleges. That Article does not institute for individuals a kind of actio popularis for the interpretation of the Convention; it does not permit individuals to complain against a … Continue reading The Christian Federation of Jehovah’s Witnesses of France v France: ECHR 6 Nov 2001

Banks v Revenue and Customs (Inheritance Tax : Human Rights): FTTTx 15 Oct 2018

Exemption from IHT for gifts to political parties – section 24 Inheritance Tax Act 1984 – whether breach of European Convention on Human Rights – whether breach of European Union law Citations: [2018] UKFTT 617 (TC), [2019] SFTD 304, [2019] STI 214 Links: Bailii Jurisdiction: England and Wales Inheritance Tax, Human Rights Updated: 24 October … Continue reading Banks v Revenue and Customs (Inheritance Tax : Human Rights): FTTTx 15 Oct 2018

Miah and Others v Secretary of State for The Home Department: CA 7 Mar 2012

The applicant had been refused leave to remain as a Tier 2 (General) Migrant at a time even though he was only two months short of the five years’ continuous residence necessary to support a case for indefinite leave to remain under the rules. He argued that, in assessing whether his removal should be permitted … Continue reading Miah and Others v Secretary of State for The Home Department: CA 7 Mar 2012

Schalk and Kopf v Austria: ECHR 16 Feb 2010

The applicants, same sex partners, complained of the refusal of their request to be married, saying that the legal impossibility for them to get married constituted a violation of their right to respect for private and family life and of the principle of non-discrimination. Citations: 30141/04, [2010] ECHR 218 Links: Bailii Statutes: European Convention on … Continue reading Schalk and Kopf v Austria: ECHR 16 Feb 2010

Rees v The United Kingdom: ECHR 17 Oct 1986

The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986

Matveyeva And Others v Russia: ECHR 6 Dec 2018

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee ECHR Judgment : Struck out of the list : Third Section Committee Citations: 54430/08, [2018] ECHR 994, [2022] ECHR 626 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 October 2022; Ref: scu.631287

Rodzevillo v Ukraine: ECHR 14 Jan 2016

Citations: 38771/05 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)), [2016] ECHR 74 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See also – Rodzevillo v Ukraine ECHR 17-Dec-2019 ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee . . Lists of cited by and … Continue reading Rodzevillo v Ukraine: ECHR 14 Jan 2016

Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

The claimant challenged his continued detention under the 1971 Act after his appeal to the Immigration Appeal tribunal had been successful. He had been accused of rape, but was convicted of a sexual assault, though still serious. Before being released from his sentence, the respondent had authorised his continued detention under the 1971 Act. The … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

Matthews, Regina (on the Application of) v Employment Tribunal: Admn 6 Dec 2004

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 … Continue reading Matthews, Regina (on the Application of) v Employment Tribunal: Admn 6 Dec 2004

Ete v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Citations: 28154/20, [2022] ECHR 658 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.681013

Hamalainen v Finland: ECHR 16 Jul 2014

Grand Chamber Citations: 37359/09 – Grand Chamber Judgment, [2014] ECHR 787, [2014] ECHR 974, [2015] 1 FCR 379 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Hamalainen v Finland ECHR 16-Jul-2014 ECHR Grand Chamber – Article 8-1 Respect for family life Respect for private life Refusal to … Continue reading Hamalainen v Finland: ECHR 16 Jul 2014

Johnston and Others v Ireland: ECHR 18 Dec 1986

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsThe applicants were an unmarried couple who could not marry, and so legitimate their daughter, the third applicant, because … Continue reading Johnston and Others v Ireland: ECHR 18 Dec 1986

Madam v The Republic Of Moldova: ECHR 6 Sep 2022

ECHR Judgment : Article 6 – Right to a fair trial : Second Section Committee Citations: 42715/19, [2022] ECHR 660 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681020

Korshunova v Russia: ECHR 6 Sep 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Third Section Citations: 46147/19, [2022] ECHR 659 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681019

V.P v The Republic Of Moldova: ECHR 6 Sep 2022

ECHR Judgment : Article 6+6-3-d – Right to a fair trial : Second Section Committee Citations: 27402/16, [2022] ECHR 664 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681031

Ataman And Others v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 14676/17, [2022] ECHR 667 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681007

Orishchenko And Region-36 v Russia: ECHR 20 Sep 2022

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee Citations: 50690/11, [2022] ECHR 743 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681173

Salinschi v The Republic Of Moldova: ECHR 6 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 37760/18, [2022] ECHR 661 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681027

Regina (CD and ADR) v Secretary of State for the Home Department: QBD 17 Jan 2003

The applicant challenged the decision to separate her from her child whilst she was in prison. Held: such a separation engaged her article 8 Human Rights, and she must be allowed representation when a decision was made. The Prison Service should call in appropriate experts in deciding what were the child’s needs, the effect of … Continue reading Regina (CD and ADR) v Secretary of State for the Home Department: QBD 17 Jan 2003

Saat v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 23939/20, [2022] ECHR 668 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681024