ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 27314/20, [2022] ECHR 885 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 November 2022; Ref: scu.681729
JK a transgender (M-F) was biological father to two children sought the right to be described on the birth register as parent Judges: Mr Justice Hickinbottom Citations: [2015] EWHC 990 (Admin), [2015] 2 FCR 131, [2015] HRLR 10, [2016] 1 All ER 354 Links: Bailii Statutes: European Convention on Human Rights 8 14, Births and … Continue reading JK, Regina (on The Application of) v The Secretary of State for The Home Department and Another: Admn 20 Apr 2015
The Secretary of State wished to deport the applicant on the basis of his suspected involvement in acts of terrorism. An order for his deportation had been revoked by the respondent, but he had remained on very stringent bail conditions, since 2007. Held: The case failed on the article 6 issue because (i) the decision … Continue reading BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: CA 19 Nov 2012
The claimant said that having been raped repeatedly in Uganda, she had fled to England, where her passport was taken and she was forced to work and her earnings taken, and she was held captive. On escaping, her application for asylum was refused. Judges: Lech Garlicki, P Citations: (2013) 56 EHRR 24, 34 BHRC 1, … Continue reading CN v The United Kingdom: ECHR 13 Nov 2012
B had been taken from her parents at birth, the local authority anticipating a risk of harm. The mother had suffered violence at the hands of the father, and also had convictions for dishonesty and making false allegations. The judge had made a care order in relation to B on the basis of a care … Continue reading In re B (A Child): CA 14 Nov 2012
ECHR Judgment : Article 2 – Right to life : Fourth Section Citations: 35814/14, [2022] ECHR 809 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681637
ECHR Judgment : Article 3 of Protocol No. 1 – Right to free elections-{general} : Third Section Citations: 2513/14, [2022] ECHR 754 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 November 2022; Ref: scu.681680
The council sought review of the coroner’s decision that the inquest would be an article 2 inquest and with a jury. The deceased was 14 years old and had taken methadone. In the months before his death, he had had involvement with the council’s social services department, and he had been assessed to be at … Continue reading Kent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others: Admn 15 Oct 2012
The court amended its earlier judgment as to the overall increase in the level of damages to be awarded in personal injury cases. The system enacted in the 1999 Act remains in force in relation to litigation brought pursuant to conditional fee agreements made before April 2013 Judges: Igor Judge, Baron Judge LCJ, Lord Dyson … Continue reading Simmons v Castle: CA 10 Oct 2012
Citations: 1452/62, [1963] ECHR 4 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 November 2022; Ref: scu.464643
Citations: 1418/62, [1963] ECHR 1 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 November 2022; Ref: scu.464641
The applicant alleged that the Court of Appeal’s decision to dismiss her appeal and uphold the judgment making a possession order constituted an unjustified breach of her right to respect for her home and her family life and discriminated against her, in violation of Article 8 taken alone and in conjunction with Article 14. Held: … Continue reading Buckland v The United Kingdom: ECHR 18 Sep 2012
The claimant, a Ukrainian journalist said that he had (contrary to the Ukranian Information Act 1992) been refused access by administrative authorities during the 2004 elections to certain information and meetings. He relied on article 6 because the Ukrainian courts had wrongly failed on procedural grounds to consider the merits of his complaints. Held: The … Continue reading Shapovalov v Ukraine: ECHR 31 Jul 2012
Press release (extradition order to face trial for first-degree murder in the United States of America (USA)) Citations: 71537/14 (, [2017] ECHR 66 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Harkins v The United Kingdom ECHR 7-Jul-2017 . . Cited by: See Also – Harkins v The United Kingdom ECHR … Continue reading Harkins v The United Kingdom: ECHR 11 Jan 2017
Right to respect for private and family life : Freedom of expression : Inadmissible Citations: 74742/14, [2017] ECHR Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.581032
Judgment : Violation of Article 3 – Prohibition of torture (Article 3 – Degrading treatment) (Substantive aspect) Violation of Article 1 Citations: 66757/14, [2017] ECHR 268 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.581035
Judgment : Remainder inadmissible Violation of Article 3+14 – Prohibition of torture (Article 3 – Effective investigation) (Article 14 Citations: 25536/14, [2017] ECHR 286 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.581386
Article 1 of Protocol No. 1 Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions Loss of two-thirds of old-age pension as a result of introduction of legislation effectively deciding outcome of pending litigation against the State: violation Article 6 Civil proceedings Article 6-1 Fair hearing Introduction of legislation effectively deciding outcome … Continue reading Stefanetti And Others v Italy: ECHR 15 Apr 2014
Citations: 43875/09 – Chamber Judgment, [2014] ECHR 398 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.523803
Citations: 50073/07 – Chamber Judgment, [2014] ECHR 393 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.523804
Citations: 33228/05 – Chamber Judgment, [2014] ECHR 400 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.523807
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
It was said that a squad of the British army had caused the deaths of 24 civilians in 1948 in Batang Kali (now part of Malaysia. Held: No inquiry was required. It was a matter of discretion, and there were no sustainable reasons for overturning the decisions of the respondents. Judges: Sir John Thomas P, … Continue reading Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: Admn 4 Sep 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
The appellate sought judicial review to challenge an order for his return to Albania. He said that he would be subject to persecution from communist sympathizers, and his life was at risk for a blood feud. Adjudicators had variously accepted and rejected both claims, but concluded that he could avail himself of internal flight. He … Continue reading Hari Dhima v Immigration Appeal Tribunal: Admn 8 Feb 2002
The applicant SR, aged 15, was remanded in custody to a Youth Offenders Institution pending sentence. Had he been a girl, he could not have been so remanded, since no similar provision was available for them. He complained that the law infringed his human rights. It was accepted that he was properly dealt with under … Continue reading Regina (SR) v Nottingham Magistrates’ Court: Admn 19 Oct 2001
ECHR Judgment : Article 8 – Right to respect for private and family life : First Section Committee Citations: 60906/16, [2022] ECHR 835 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681714
ECHR Judgment : Article 6 – Right to a fair trial : Fifth Section Committee Citations: 51414/07, [2018] ECHR 992 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.631294
Judgment : Violation of Article 2 – Right to life (Article 2 – Positive obligations Article 2-1 – Life) (Substantive aspect) Citations: 78103/14, [2017] ECHR 288 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581281
Judgment : Violation of Article 1 of Protocol No. 1 – Protection of property (Article 1 para. 1 of Protocol No. 1 – Peaceful enjoyment of property Citations: 37006/13, [2017] ECHR 314 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581396
Judgment : Violation of Article 5 – Right to liberty and security (Article 5-1 – Deprivation of liberty Lawful arrest or detention Artic . . Citations: 61411/15, [2017] ECHR 293 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581392
Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Enforcement proceedings Article 6-1 – Access to court) Violation Citations: 19978/14, [2017] ECHR 315 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581402
(Judgment : Violation of Article 14+P1-1-1 – Prohibition of discrimination (Article 14 – Discrimination) (Article 1 of Protocol No. 1 – P) Citations: 59752/13, [2017] ECHR 274 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581391
Judgment : Violation of Article 10 – Freedom of expression-{General} (Article 10-1 – Freedom of expression) Pecuniary damage – claim dismissed Citations: 50123/06, [2017] ECHR 306 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581401
Judgment : Violation of Article 3 – Prohibition of torture (Article 3 – Degrading treatment Inhuman treatment) (Substantive aspect) Citations: 36140/11, [2017] ECHR 264 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581036
Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Enforcement proceedings Article 6-1 – Access to court) Violation Citations: 17229/06, [2017] ECHR 304 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581403
Citations: 21482/03, [2009] ECHR 1926, [2011] ECHR 599 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.381452
Citations: 33888/05, [2009] ECHR 1923 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.381422
Citations: 35367/08, [2009] ECHR 1928, [2010] ECHR 1016 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.381409
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001
ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 75645/14, [2022] ECHR 828 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681686
Citations: 61403/10, [2012] ECHR 1378 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462454
Citations: 41140/05, [2012] ECHR 1578 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462463
Citations: 28403/05 (Communicated Case), [2012] ECHR 1223 Links: Bailii Statutes: European Convention on Human Rights Cited by: Communicated Decision – Vintman v Ukraine ECHR 23-Oct-2014 Article 8 Article 8-1 Respect for family life Refusal to transfer prisoner to a prison nearer home so that he could receive visits from his elderly mother: violation Facts – … Continue reading Vintman v Ukraine: ECHR 3 Jul 2012
Citations: 51485/07 (Communicated Case), [2012] ECHR 1212 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462174
The Court discussed proportionality in respect of the solitary confinement of a prisoner under Article 8: ‘Given that solitary confinement is a serious restriction of a prisoner’s rights which involves inherent risks to the prisoner, the level of actual or potential harm must be at least equally serious and uniquely capable of being addressed by … Continue reading Razvyazkin v Russia: ECHR 3 Jul 2012
Citations: 61865/10 (Decision), [2012] ECHR 1116 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462073
Citations: 45554/08 (Communicated Case), [2012] ECHR 1204 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Ashlarba v Georgia ECHR 15-Jul-2014 ECHR Article 7-1 Nullum crimen sine lege Use of undefined colloquial expression in definition of criminal offence: no violation Facts – In 2005 the Georgian legislature created a series of … Continue reading Ashlarba v Georgia: ECHR 3 Jul 2012
Citations: 1959/07 (Decision), [2012] ECHR 1148 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.462057
Citations: 50147/99, [2011] ECHR 2389 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.460837
The Court found violations of the Convention concerning lack of access to a court and the breach of the applicant’s rights to peaceful enjoyment of their possession (violations of Article 6, paragraph 1, and Article 1 of Protocol No. 1) (see details in Appendix). Held: Greater justification is required if fees are imposed at an … Continue reading Weissman And Others v Romania: ECHR 2 Dec 2011
Citations: 57659/00, [2011] ECHR 2144, [2011] ECHR 2185 Links: Bailii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.460765
Citations: 40225/04, [2011] ECHR 2143, [2011] ECHR 2184 Links: Bailii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.460737
ECHR Judgment : Pecuniary and non-pecuniary damage – award Pecuniary damage Just satisfaction Citations: 13216/05, [2011] ECHR 2338, [2017] ECHR 1139 Links: Bailii, Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.460732
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 61431/15, [2022] ECHR 830 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681741
Citations: 38005/03, [2011] ECHR 2314 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 November 2022; Ref: scu.460720
The defendant sought to resist the European Arrest Warrant, saying that her extradition would breach her and her family’s human right to a family life. Since fleeing Poland, she had lived in the UK and now had young children attanding school. Judges: Ouseley J Citations: [2012] EWHC 25 (Admin) Links: Bailii Statutes: Extradition Act 2003 … Continue reading F-K, Regina (on The Application of) v Polish Judicial Authority: Admn 19 Jan 2012
(Grand Chamber) A prisoner serving a sentence of 30 years imprisonment for murder, attempted murder and other offences object to his disenfranchisement under Italian law. Citations: 126/05, [2012] ECHR 868 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Scoppola v Italy (No 3) ECHR 18-Jan-2011 (referral to the … Continue reading Scoppola v Italy (No 3): ECHR 22 May 2012
Citations: 11686/10, [2012] ECHR 914 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 November 2022; Ref: scu.460158
Citations: 33992/07, [2012] ECHR 98502 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 November 2022; Ref: scu.460141
Citations: 31898/06, [2012] ECHR 950 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 November 2022; Ref: scu.460145
Citations: 14947/10, [2012] ECHR 851 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 October 2022; Ref: scu.459597
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
Citations: 8651/04, [2008] ECHR 1845 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 October 2022; Ref: scu.341402
Citations: 21057/06, [2009] ECHR 1930 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 October 2022; Ref: scu.381420
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004
The claimants were shareholders in Railtrack. They complained that the respondent had abused his position to place the company into receivership so as to avoid paying them compensation on a repurchase of the shares. Mr Byers was accused of ‘targeted malice.’ They also complained of an interference with their possessions. Held: The claim failed. The … Continue reading Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005
The defendant appealed a summary judgement on the claimant’s claim with respect to her alleged disclosure of details Miss Campbell’s private life. The claimant sought an action for account of profits for breach of the terms of a contract of service. The defendant claimed that a violent assault by the claimant on her was a … Continue reading Campbell v Frisbee: ChD 14 Mar 2002
ECHR Article 2 Positive obligations Alleged failure of authorities to prosecute a journalist in respect of a newspaper article that was alleged to have put applicant’s life at risk: no violation Facts – At the material time the applicant was a member of the DTP, a former pro-Kurdish political party, and a member of Parliament. … Continue reading Selahattin Demirtas v Turkey: ECHR 23 Jun 2015
Grand Chamber Judgment. The applicants alleged that the fact that the ‘civil unions’ introduced by the respondent were designed only for couples composed of different-sex adults had infringed their right to respect for their private and family life and amounted to unjustified discrimination between different-sex and same-sex couples, to the detriment of the latter. Held: … Continue reading Vallianatos and Others v Greece: ECHR 7 Nov 2013
Article 14 Discrimination Conclusion of registered partnership and civil marriage before different authorities: communicated See: [2015] ECHR 644 [This summary also covers the communicated case of Hormann and Moser v. Austria, no. 31176/13]. [2015] ECHR 645 The applicants, homosexual couples, applied to the Office for Matters of Personal Status to contract a civil marriage. They … Continue reading Dietz and Suttasom v Austria: ECHR 29 May 2015
ECHR Article 6 Civil proceedings Article 6-1 Access to court Inability of Supreme Court President to contest premature termination of his mandate: violation Article 10 Article 10-1 Freedom of expression Premature termination of Supreme Court President’s mandate as a result of views expressed publicly in his professional capacity: violation Facts – The applicant, a former … Continue reading Baka v Hungary: ECHR 27 May 2014
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
The applicants, relying on Articles 2 and 3 of the Convention, alleged that the forceful and disproportionate intervention of State agents had put their lives in danger and subjected them to ill-treatment, and that the authorities had failed to conduct an effective investigation into the events in question. They further alleged that the events complained … Continue reading Ciorcan And Others v Romania: ECHR 27 Jan 2015
The court was asked whether statutory changes made to the ability of acquitted defendants in the Crown Court to recover their costs from central funds are compatible with the European Convention of Human Rights. Held: The inability of acquitted defendants in the Crown Court to recover (a) any of their privately incurred costs after 1 … Continue reading Henderson, Regina (on The Application of) v Secretary of State for Justice: Admn 27 Jan 2015
‘This case raises important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system, particularly when, as here, their complaints are about the care system. The case also raises important questions … Continue reading Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013
The applicants, a same sex couple sought the right to marry. Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide … Continue reading Schalk and Kopf v Austria: ECHR 22 Nov 2010
The applicants alleged discrimination in that as a same sex couple they were not allowed to marry. Held: There was no violation.The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex couples. Moreover, this tendency has developed rapidly over the past decade. Nevertheless, there is not yet a … Continue reading Schalk and Kopf v Austria: ECHR 24 Jun 2010
Citations: 33003/11 – Chamber Judgment, [2014] ECHR 159 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 October 2022; Ref: scu.521897
Citations: 60223/09 – Admissibility Decision, [2014] ECHR 363 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 October 2022; Ref: scu.523565
Citations: 8300/06 – Chamber Judgment, [2014] ECHR 156 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 October 2022; Ref: scu.521911
Citations: 47476/10 – Chamber Judgment, [2014] ECHR 161, 38927/10, 47475/10 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 October 2022; Ref: scu.521923
Citations: 4153/10 – Committee Judgment, [2014] ECHR 169 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 October 2022; Ref: scu.521920
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009
Citations: 43912/10 – Chamber Judgment, [2014] ECHR 160 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 October 2022; Ref: scu.521885
Citations: 65833/09 – Committee Judgment, [2014] ECHR 166 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 October 2022; Ref: scu.521874
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
(Grand Chamber) – The applicant had been detained in Kenya. He had allowed himself to be taken by Kenyan officials to Nairobi airport in the belief that he was free to leave for a destination of his choice, but they took him to an aircraft in which Turkish officials were waiting for him and he … Continue reading Ocalan v Turkey: ECHR 12 May 2005
The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002
(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013
Citations: 31535/04 – Chamber Judgment, [2014] ECHR 157 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 October 2022; Ref: scu.521866
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005
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
Citations: 18785/13 – Chamber Judgment (French text), [2014] ECHR 1335 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 October 2022; Ref: scu.539473
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 3189/14, [2018] ECHR 941 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 October 2022; Ref: scu.631235
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : First Section Committee Citations: 47880/14, [2018] ECHR 944 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 October 2022; Ref: scu.631260
The defendant had been convicted of murdering his schoolteacher. The court now gave reasons, at the end of the case for discontinuing the order restricting his being named. Orders protecting the identities of children witnesses were continued. Judges: Coulson J Citations: [2014] EWHC 3623 (QB) Links: Bailii Statutes: Children and Young Persons Act 1933 39, … Continue reading Cornick, Regina v: QBD 3 Nov 2014
Citations: 14435/08, [2012] ECHR 843 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 22 October 2022; Ref: scu.457726
Citations: 4241/12, [2012] ECHR 814 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 22 October 2022; Ref: scu.457723
Citations: 14935/09, [2012] ECHR 841 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 22 October 2022; Ref: scu.457722
