The applicant alleged that his detention on remand was excessively long, that the proceedings against him were unreasonably long and that he was denied a fair trial since his requests to examine witnesses against him and to obtain the attendance and examination of further witnesses were refused by the domestic courts. The court declared inadmissible … Continue reading Z v Latvia: ECHR 24 Jan 2008
Where an individual had disappeared in circumstances raising a suspicion that he may have been killed, article 2 imposes a continuing duty to investigate the death. In this case the duty was said to have persisted for 34 years since the disappearance of a number of Greek Cypriots at the time of the Turkish invasion … Continue reading Varnava And Others v Turkey: ECHR 10 Jan 2008
The claimant, whilst pregnant, travelled from Ireland to, and gave birth in France, to use their system of anonymous registration. She wanted the child adopted, and, following the birth, the system whereby she could request the return of the child within a two month period was twice explained to her. She was told that, after … Continue reading Kearns v France: ECHR 10 Jan 2008
The claimant prisoner complained that the Parole Board was insufficiently independent of government to provide a fair hearing. The court at first instance had found that the relationship between the Parole Board and the sponsoring Department put the Secretary in a position of apparent influence over the approach of the Parole Board in its curial … Continue reading Brooke and Others, Regina (on the Application of) v The Parole Board and Another: CA 1 Feb 2008
The professor had sought time off to represent another lecturer claiming race discrimination against the University. The University said that her behaviour created a conflict of interest with the University. She continued and herself claimed victimisation. After the case failed, she was herself suspended, and her email account searched from which further disciplinary charges were … Continue reading Fosh v Cardiff University: EAT 23 Jan 2008
The applicant was in the army. He complained that, having been accused of a rape, he was ordered by his commanding officer to be detained on remand pending trial. Held: There had been a breach of Article 5.3 which required that anyone arrested should be taken before a court or other proper officer exercising judicial … Continue reading Boyle v United Kingdom: ECHR 8 Jan 2008
Each defendant challenged decisions to extend the custody time limits. Judges: Lord Bingham of Cornhill LCJ, Collins J Citations: [1998] EWHC 319 (Admin) Links: Bailii Statutes: European Convention of Human Rights 5, Bail Act 1976 4(1), Prosecution of Offences (Custody Time Limits) Regulations 1987 Jurisdiction: England and Wales Criminal Practice, Human Rights Updated: 12 July … Continue reading McDonald, Regina (on the Application of) v Manchester Crown Court; Others: Admn 9 Nov 1998
(Admissibility) The court was asked whether the mother’s Article 8 rights had been breached by a local authority who had applied to free her child for adoption, the court once again stated that ‘the best interests of the child is always of crucial importance’. Citations: 34745/97, [2000] ECHR 698, 2000 Fam LR 102, [2000] 1 … Continue reading Irene M Scott v The United Kingdom: ECHR 8 Feb 2000
The Madrid Court had issued European Arrest Warrants against the three appellants on charges of membership of a criminal organisation and terrorism. The appellants had unsuccessfully challenged extradition before the District Judge on a large number of grounds. These included the contention that extradition would violate articles 3, 5, 6 and 8 of the Convention. … Continue reading Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007
The applicants complained they were required to pay school fees as a result of their Kazakh nationality and immigration status. Held: ‘… [A state] may also, in certain circumstances, justifiably differentiate between different categories of aliens residing in its territory. For instance, the preferential treatment of nationals of member states of the European Union – … Continue reading Ponomaryov and Others v Bulgaria: ECHR 18 Sep 2007
(Grand Chamber) The appellant was found after her arrival in this country from Uganda to have an AIDS-defining illness for which she was still receiving treatment. She claimed that the treatment would not be available in Uganda and she would die within a matter of months if returned, but she could expect to live for … Continue reading N v The United Kingdom: ECHR 27 May 2008
The claimant had been convicted in 1993 of involvement in a murder. He had complained that the police had failed to disclose material which would have been of assistance to him. He had requested the Commission to take examine and pursue his appeal. Material had been examined for which public interest immunity was sought. Having … Continue reading Dowsett v Criminal Cases Review Commission: Admn 8 Jun 2007
Citations: 71463/01, [2007] ECHR 537 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See also – Silih v Slovenia ECHR 9-Apr-2009 (Grand Chamber) Article 2 imposes, in certain circumstances, a freestanding obligation in relation to the investigation of a death which applied even where the death itself had occurred before … Continue reading Silih v Slovenia: ECHR 28 Jun 2007
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading treatment, and that the police had given undue weight to the right to demonstrate. … Continue reading Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening): HL 12 Nov 2008
ECHR The applicant alleged that the dispersal of the demonstration in which she had participated because of a mere lack of prior notification to the police had infringed her freedom of peaceful assembly, within the meaning of Article 11 of the Convention.ECtHR said: ‘The Court observes that paragraph 2 of article 11 entitles States to … Continue reading Molnar v Hungary: ECHR 7 Oct 2008
The Lord Advocate had conceded that devolution minutes were competent in proceedings under the 2003 Act. Judges: Lord Justice Clerk And Lord Macfadyen And Lord Nimmo Smith Citations: [2006] ScotHC HCJA – 81, 2008 JC 23 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: Scotland Citing: See Also – La Torre v Her Majesty’s Advocate HCJ … Continue reading La Torre v The Lord Advocate and Another: HCJ 8 Nov 2006
ECHR Inadmissibility, for being out of time, of reposicion application against court decision whereby a settlement agreement which the applicant had sought to enforce had been declared voidIn a dispute between the applicant and a neighbour concerning the latter’s view over the applicants property a settlement agreement was concluded between the parties. However, the time-limit … Continue reading Perez De Rada Cavanilles v Spain: ECHR 28 Oct 1998
The parties had for several years been involved in litigation and arbitration. Apollo’s funds had run out and a director sought permission to represent the company before the court. He had asked the court to make an order under article 6 of the European Convention on Human Rights which would allow him to represent the … Continue reading Apollo Engineering Ltd (In Liquidation) v James Scott Ltd: SCS 18 Jan 2012
Citations: 42971/05, [2006] ECHR 1157 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – MB v Secretary of State for Work and Pensions SC 5-Jul-2016 The court was asked about the age at which entitlement to a pension began for someone of transgender. Held: The court was divided, and … Continue reading Parry v United Kingdom: ECHR 28 Nov 2006
The applicant was not entitled in domestic law to succeed to a tenancy on the death of her partner. The aim of the legislation is question was to protect the family, a goal similar to the protection of the right to respect for family life guaranteed by Article 8 of the Convention. The aim itself … Continue reading S v United Kingdom: ECHR 1986
The child had been born to parents who married and later divorced in Romania. The mother brought him to England without the father’s consent, and now appealed an order for his return. Held: The mother’s appeal succeeded. The Convention required an order to be made for the return of a child only where the parent … Continue reading In re D (A Child), (Abduction: Rights of Custody): HL 16 Nov 2006
The claimant said that his continued detention after the custody time limits had expired was an infringement of his human rights. He faced continued detention having been refused bail because of his arrest on a grave charge, having a previous conviction for another grave offence. Held: The appeal was dismissed. Insofar as the the word … Continue reading O v Crown Court at Harrow: HL 26 Jul 2006
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints. Held: The Commissioner’s appeal failed: To provide an effective deterrent, laws which prohibit conduct constituting a breach of article … Continue reading Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018
(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution. Held: Section 8 of the Constitution, like its analogue article 6 of the European Convention, seeks to guarantee the procedural fairness of the criminal process. Though the Convention is not … Continue reading Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005
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. Citations: 58255/00, [2004] ECHR 642 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8 Cited by: Judgment – Prokopovich v Russia ECHR 8-Aug-2011 Execution … Continue reading Prokopovich v Russia: ECHR 18 Nov 2004
The claimant had been in England since he was 11, and was now 38. He had been repeatedly convicted. He had challenged a deportation notice on a human rights basis. He now challenged a certificate that this claim was manifestly ill founded. Held: The certificate was quashed. The respondent was wrong to say that he … Continue reading Rainford, Regina (on the Application of) v Secretary of State for the Home Department: Admn 17 Oct 2008
In each case fathers not married to the mother of the child, but with parental responsibility sought to have the child immunised. The mothers opposed the treatment saying they believed it unsafe. Held: The children should be immunised. Article 8.2 permitted interference with family life for health reasons. Mothers and fathers had equal rights before … Continue reading In re C (a Child) (Immunisation: Parental Rights); In re F (a Child) (Immunisation: Parental rights): FD 13 Jun 2003
Discrimination; Immigration; Nationality; Right to respect for private and family life Judges: MM J A FROWEIN, Acting President Citations: 11278/84, [1985] ECHR 15, (1986) 50 DR 199, (1986) 8 EHRR CD95, (1985) 43 D and R 216 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Johnson, Regina (on … Continue reading K v Netherlands: ECHR 1 Jul 1985
May LJ said that if the State was in breach of its Article 3 obligations, that had to be remedied. If the only way to remedy was to release the prisoner, then the Secretary of State for Justice would be obliged to order his immediate release. Judges: May, Buxton, Sedley LJJ Citations: [2005] EWCA Civ … Continue reading Spinks, Regina (on the Application of) v Secretary of State for the Home Department: CA 28 Jan 2005
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 … Continue reading Ahmed and Qureshi v Regina: CACD 28 Oct 2004
The court considered the compatibility of section 41 with the suspect’s article 5 Human Rights insofar as it failed to provide a mechanism for a suspect to challenge his detention and be released on conditions of bail. Held: No arguable case had been made out. Judges: Collins J Citations: [2008] EWHC 2146 (Admin) Links: Bailii … Continue reading I, Regina (On the Application of) v City of Westminster Magistrates’ Court and Another: Admn 28 Aug 2008
The applicants complained of their continued detention in Iraq in a UK internment facility as an infringement of their human rights. Citations: [2008] EWHC 2391 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence Admn 19-Dec-2008 The two … Continue reading Al-Saadoon and Others, Regina (on the Application of) v Secretary of State for Defence: Admn 29 Aug 2008
The applicants were accountants who had practised as such for some years when a new statute came into force which required then to register. Their applications were refused. Held: Article 1PI was engaged. In paragraphs 41 and 42 the Court said this: ‘The Court agrees with the Commission that the right relied upon by the … Continue reading Van Marle And Others v The Netherlands: ECHR 26 Jun 1986
ECHR Judgment (Merits) – Lack of jurisdiction (complaint inadmissible); No violation of Art. 6-1; Not necessary to examine Art. 13.The court discussed whether article 6 requires a discretion to be given to a judge to make an award of costs in favour of a successful defendant: As to whether a ‘dispute’ over a ‘right’ existed … Continue reading Masson And Van Zon v The Netherlands: ECHR 28 Sep 1995
The care worker’s appeal failed. The system for disciplining care workers and placing them on lists was required to be human rights compliant. Lord Justice May said: ‘There is an obvious and unchallenged public interest in having an appropriate system for protecting vulnerable adults and children from the risk of harm from unsuitable carers. It … Continue reading Regina (Wright) v Secretary of State for Health: CA 2 Jan 2008
Citations: [2008] EWCA Civ 1528 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Al-Saadoon and Others, Regina (on the Application of) v Secretary of State for Defence Admn 29-Aug-2008 The applicants complained of their continued detention in Iraq in a UK internment facility as an infringement of their human rights. . . See … Continue reading Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: CA 22 Dec 2008
The court referred to ‘the fundamental importance of the guarantees contained in Article 5 for securing the right of individuals in a democracy to be free from arbitrary detention at the hands of the authorities’ and to the need to interpret narrowly any exception to ‘a most basic guarantee of individual freedom.’ Enforced disappearance is … Continue reading Kurt v Turkey: ECHR 25 May 1998
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 … Continue reading Khan v Royal Air Force Summary Appeal Court: Admn 7 Oct 2004
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 … Continue reading Gascoyne v Customs and Excise and Another: CA 28 Jul 2004
There had been a collision at sea. Held: (Addendum) Where the admiralty court sought advice from assessors, modern good practice required that the advice should be disclosed to the parties advisers and that they have opportunity to comment. Nautical assessors are experts within the Rules. The practice set out in the Hannibal did not fulfil … Continue reading ‘Bow Spring’, Owners of Ship v ‘Manzanillo Ii’, Owners of Ship: CA 28 Jul 2004
Police investigating crime obtained a warrant to search a solicitor’s offices for details of their clients. The solicitors appealed. Held: The details required, namely dates of contacts with a certain telephone number were not legally privileged: ‘the name and telephone number of the caller were taken down as a formality ‘to create the channel through … Continue reading Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court: Admn 20 Dec 2002
In cases involving children, Article 3 provides that the best interests of the child are a primary consideration, not the primary consideration. The court looked at the test for making an interim ASBO: ‘Consideration of whether it is just to make an order without notice is necessarily a balancing exercise. The court must balance the … Continue reading Kenny, Regina (on the Application of) v Leeds Magistrates Court, Leeds City Council: Admn 5 Dec 2003
Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an infringement of their rights. Held: The offence of causing a public nuisance … Continue reading Goldstein, Rimmington v Regina: CACD 28 Nov 2003
The reasonableness of the duration of proceedings must be assessed according to the circumstances of each case, including its complexity, the applicant’s conduct and the manner in which the administrative and judicial authorities dealt with the matters. ‘Both the Commission and the government agree that the concept of ‘civil rights and obligations’ cannot be interpreted … Continue reading Konig v Federal Republic of Germany: ECHR 28 Jun 1978
(Commission/admissibility) The applicant’s lease was forfeited on her non-payment of a service charge and possession was ordered. Her primary claim was made (unsuccessfully) under article 1 of the First Protocol to the Convention. But she also complained that her eviction from her home constituted an unjustified interference with the right to respect for her home … Continue reading Di Palma v United Kingdom: ECHR 1 Dec 1986
The claimant had not received the same tax allowance following his wife’s death as would have been received by a woman surviving her husband. That law had been declared incompatible with Human Rtights law as discriminatory, but the respondent refused to make good any claim which had not been originally pursued to the European Court, … Continue reading Regina on the Application of Wilkinson v The Commissioners of Inland Revenue: CA 18 Jun 2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
The Home Secretary appealed a ruling that his implementation of section 55 was unlawful, having been said to be incompatible with human rights law. Held: The way in which the section had been operated, by denying consideration and all benefits to any asylum applicant who did not claim asylum immediately upon entry, was unfair. There … Continue reading Regina (on the Application of Q and others) v Secretary of State for the Home Department: CA 18 Mar 2003
The defendant had been found unfit to stand trial, at a later hearing under the section, the jury had found that he had committed the act complained of. He was discharged but ordered to be placed on the sex offenders register. He appealed on the basis that the later finding was incompatible with the Convention. … Continue reading Regina v H (On appeal from the Court of Appeal (Criminal Division)): HL 30 Jan 2003
(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights. Held: Once it was accepted that the delay took the prosecution outside the defendant’s right to … Continue reading Regina v HM Advocate and The Advocate General for Scotland: PC 28 Nov 2002
The applicant complained that he had been individually affect by a European Instrument. The commission objected that he did not have sufficient standing to challenge the instrument. Held: The former law that an individual had to be affected in some particular way as compared with others, is no longer correct. An individual now has standing … Continue reading Jego-Quere et Cie SA v Commission of the European Communities: ECFI 3 May 2002
HER Judgment (Merits and just satisfaction) Violation of Art. 2; No violation of Art. 6-1; No violation of Art. 14; No violation of Art. 13; Failure to comply with obligations under Article 34The deceased died during a riot in Northern Ireland. He was under a hoarding run over by an armoured vehicle. Six years later … Continue reading McShane v The United Kingdom: ECHR 28 May 2002
The appellant challenged her common law public order conviction, on the basis that the charge did not provide a clear definition of what amounted to the offence, and so infringed her human rights. Judges: Lord Coulsfield and Lord Osborne and Lord Sutherland Citations: [2001] ScotHC 121 Links: ScotC, Bailii Statutes: European Convention on Hman Rights … Continue reading Smith v Procurator Fiscal, Dumbarton: HCJ 28 Sep 2001
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002
(Commission) The application was made a patient, restricted under the 1959 Act. A mental health review tribunal which concluded that the continued detention of a restricted patient was no longer justified had power to recommend but not to order the discharge of the patient. Held: This advisory power did not meet the Convention requirement: ‘Nonetheless, … Continue reading X v United Kingdom: ECHR 5 Nov 1981
Where a magistrates’ court heard an application for extradition, it was within its proper ambit to assess the lawfulness of the detention of the suspect in the light of the Human Rights Convention, but not to stray onto issues which were only for the eventual court of trial to hear. Article 5 expressly required the … Continue reading Regina (Kashamu) v Governor of Brixton Prison and Another; Regina (Kashamu) v Bow Street Magistrates’ Court; Regina (Makhlulif and Another) v Bow Street Magistrates’ Court: QBD 23 Nov 2001
The applicant, a suspected Mafioso, had been detained in custody pending his trial. At the end of the maximum period of detention pending trial, he had been taken to an island where, he complained, he was unable to work, keep his family permanently with him, practise the Catholic religion or ensure his son’s education. Held: … Continue reading Guzzardi v Italy: ECHR 6 Nov 1980
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement notice were upheld by the inspector. Held: The needs of gypsies for … Continue reading Chapman v United Kingdom; similar: ECHR 18 Jan 2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 2 in respect of failure to protect life; Violation of Art. 2 in respect of ineffective investigation; Not necessary to examine Art. 10; Violation of Art. 13; Not necessary to examine Art. 14; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses … Continue reading Kilic v Turkey: ECHR 28 Mar 2000
The court modified the approach taken in earlier decisions, that there are excluded from the scope of article 6(1) disputes raised by public servants whose duties typify the specific activities of the public service in so far as the latter is acting as the depositary of public authority responsible for protecting the general interests of … Continue reading Pellegrin v France: ECHR 8 Dec 1999
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedingsThe claimant said that he had been severely beaten whilst detained in police custody for interview. Held: ‘Article 3 enshrines one of the most fundamental values … Continue reading Selmouni v France: ECHR 28 Jul 1999
Hudoc Violation of Art. 6-1 by reason of lack of fair hearing; Violation of Art. 6-1 by reason of refusal of right of access to court; Violation of P1-1; Just satisfaction reserved Citations: [1999] ECHR 105, 28342/95 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: See Also – Brumarescu v Romania ECHR … Continue reading Brumarescu v Romania: ECHR 28 Oct 1999
The claimant, who was disabled, said that his Article 8 rights were infringed because, in breach of Italian law, there were no facilities to enable him to get to the sea when he went on holiday. Held: ‘Private life . . includes a person’s physical and psychological integrity; the guarantee afforded by Article 8 of … Continue reading Botta v Italy: ECHR 24 Feb 1998
The restriction on local government officers and other against some political activities were not an infringement of their human rights and fell within the requirements for free expression and for free elections‘The Court recalls that in its above-mentioned Vogt judgment (pp. 25-26, – 52) it articulated as follows the basic principles laid down in its … Continue reading Ahmed And Others v The United Kingdom: ECHR 2 Sep 1998
The court had no jurisdiction to consider allegations not raised before the commission or predating a country’s accession to the convention. There was no breach in a failure to record an exposure to radiation in a test. Article 2 imposes substantive obligations not to take life without justification and to establish a framework of laws, … Continue reading LCB v The United Kingdom: ECHR 9 Jun 1998
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); No violation of Art. 2; Violation of Art. 2 (effective investigation); Violation of Art. 13; Not necessary to examine Art. 10; Not necessary to examine Art. 14; Not necessary to examine Art. 18; Non-pecuniary damage – financial award; Costs and expenses … Continue reading Yasa v Turkey: ECHR 2 Sep 1998
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3; No violation of Art. 9; No violation of P1-2; Violation of Art. 13+P1-2; Violation of Art. 13+9; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedingsA child was punished by her school for refusing to attend a National … Continue reading Valsamis v Greece: ECHR 18 Dec 1996
(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree. Held: Failure by a government to release to an affected population details of known pollution risks could amount to breach of their human rights: ‘The … Continue reading Guerra and Others v Italy: ECHR 19 Feb 1998
Hudoc Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsAn alleged Article 6 breach has to be considered in the overall context of the case, and is not to be addressed in relation to any one, discrete aspect of it. The court emphasised the significance of … Continue reading Mantovanelli v France: ECHR 18 Mar 1997
The applicant had been denied legal advice for 48 hours after he had been taken into custody. Held: There had been a violation of article 6(1) read with article 6(3)(c). However, it was not a breach of human rights to draw inferences from the silence of a defendant. The privilege against self-incrimination is not an … Continue reading Murray v The United Kingdom: ECHR 8 Feb 1996
A dairy association complained of milk quota orders made with retrospective effect under domestic provisions. A regulation had been submitted in draft to the Conseil d’Etat, which had advised that a statute was necessary to give retrospective effect to the proposed new rules and had drafted a single clause bill which had been enacted as … Continue reading Procola v Luxembourg: ECHR 28 Sep 1995
The applicant was a Moroccan national who arrived in Belgium in 1965 when he was aged under 2. In 1984, nineteen years later, after a career of juvenile crime, he was deported, but the deportation order was suspended in 1989 and he returned to Belgium. He complained that his deportation had violated his right to … Continue reading Moustaquim v Belgium: ECHR 18 Feb 1991
A gravel pit licence was revoked without compensation pursuant to legislation brought in after the owner had acquired the pit but before it had begun to exploit it. The actual revocation took place after the pit had been exploited for a number of years, but the owner had known that its future was uncertain because … Continue reading Fredin v Sweden: ECHR 18 Feb 1991
‘According to the Court’s case law, this provision comprises three distinct rules. The first rule, set out in the first sentence of the first paragraph, is of a general nature and enunciates the principle of peaceful enjoyment of property; the second rule, contained in the second sentence of the same paragraph, covers deprivation of possessions … Continue reading Allan Jacobsson v Sweden: ECHR 25 Oct 1989
The applicant had faced charges of hiring someone to kill his wife. He complained about the use of a recording of his telephone conversation with the man he hired recorded unlawfully by that man. Held: The ECHR does not address issues about the admissibility of evidence in the abstract or to deal with them as … Continue reading Schenk v Switzerland: ECHR 12 Jul 1988
A homosexual man complained that the criminalisation of homosexual conduct in Ireland violated his article 8 right to respect for his private life, although he accepted that the risk of being prosecuted was remote. Held: The court accepted that he was a victim. Even an administrative policy of not prosecuting for the offence in question … Continue reading Norris v Ireland: ECHR 26 Oct 1988
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 12; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedingsA Swiss law placed limitations on the remarriage of someone who had been the guilty party in previous divorce proceedings. Held: The Court explained that … Continue reading F v Switzerland: ECHR 18 Dec 1987
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989
When considering cases of delay in court proceedings, the court must look to a further relevant circumstance, that is ‘what is at stake for the applicant’. Citations: 8737/79, [1983] 6 EHRR 17, [1983] ECHR 9 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6 Cited by: Cited – Aaron v The Law Society (the … Continue reading Zimmermann And Steiner v Switzerland: ECHR 13 Jul 1983
The defendant complained that he had been tried and convicted in his absence. Held: The right to a fair trial had been breached: ‘the object and purpose of [article 6] taken as a whole show that a person ‘charged with a criminal offence’ is entitled to take part in the hearing. Moreover, sub-paragraphs (c), (d) … Continue reading Colozza v Italy: ECHR 12 Feb 1985
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedingsThe requirements identified as flowing from the phrase ‘in accordance with the law’ include this: ‘A norm cannot be regarded as a ‘law’ … Continue reading Olsson v Sweden (No 1): ECHR 24 Mar 1988
There is discrimination only if the cases under comparison are not sufficiently different to justify the difference in treatment. This expressed by saying that the two cases must be in an ‘analogous situation’. The social security system is a ‘system characterised by a corpus of rights and obligations of which it would be artificial to … Continue reading Van Der Mussele v Belgium: ECHR 23 Nov 1983
The applicant, aged 17, was convicted of armed robbery and sentenced to life imprisonment in the interests of public safety, being considered by the trial judge on appeal to be dangerous. Held: ‘The court agrees with the Commission and the applicant that the clearly stated purpose for which [the] sentence was imposed, taken together with … Continue reading Weeks v The United Kingdom: ECHR 2 Mar 1987
ECHR No violation of Art. 5-1; No violation of Art. 6-1; No violation of Art. 6-3-c; No violation of Art. 14+5; No violation of Art. 14+6The applicants had unsuccessfully sought leave to appeal against conviction and sentence. The Court of Appeal dismissed their applications at a hearing at which, in accordance with the normal procedure, … Continue reading Monnell And Morris v The United Kingdom: ECHR 2 Mar 1987
The ECHR did not apply to rights determined by a constitutional court because of their constitutional nature. Citations: 7759/77, [1981] ECHR 2, (1981) 3 EHRR 597 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6 Cited by: Not Followed – Deumeland v Germany ECHR 29-May-1986 Although the Constitutional Court had no jurisdiction to rule … Continue reading Buchholz v Germany: ECHR 6 May 1981
Hudoc Judgment (Just satisfaction) Struck out of the list (friendly settlement) Citations: 8691/79, [1985] ECHR 5 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 8.1 Citing: See Also – Malone v The United Kingdom ECHR 2-Aug-1984 COURT (PLENARY) The complainant asserted that his telephone conversation had been tapped on the authority of a warrant … Continue reading Malone v The United Kingdom: ECHR 26 Apr 1985
The applicant was sentenced to two years’ imprisonment for theft. He had a previous convictions and was thought to have a persistent tendency to crime, and was placed at the government’s disposal for 10 years on that ground. This was subject to appeal, and was classified not as a security measure but as a penalty … Continue reading Van Droogenbroeck v Belgium: ECHR 24 Jun 1982
(Plenary Court) The court described and approved the way in which an ‘institutional’ right to vote had developed into ‘subjective rights of participation – the ‘right to vote’ and the ‘right to stand for election’.’ It described the ambit of Article 3: ‘In their internal legal orders the Contracting States make the rights to vote … Continue reading Mathieu Mohin and Clerfayt v Belgium: ECHR 2 Mar 1987
The applicants had been detained under Belgian vagrancy laws. An earlier decision had found that their rights had been infringed because of the lack of effective means for them to challenge their detention. The Belgian government said that the applicants had not exhausted their national remedies. Held: The complaints were admissible. Later changes in Belgian … Continue reading In re De Wilde, Ooms and Versyp v Belgium (No 1): ECHR 18 Nov 1970
It is a well recognised canon of construction that domestic legislation, including the Constitution, should if possible be construed so as to conform to international instruments to which the state is party. Lord Hoffmann said: ‘of course persons should be uniformly treated unless there is some valid reason to treat them differently . . The … Continue reading Matadeen and others v M G C Pointu and others (Mauritius): PC 18 Feb 1998
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000
ECHR Judgment : Right to a fair trial : Access to court : First Section Citations: 21497/14, [2018] ECHR 1020 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 May 2022; Ref: scu.634134
The Claimant brought his application for judicial review, seeking a declaration under s.4(2) of the 1998 Act that s.2(1) of the 1961 Act, which maintained the previous position at common law and makes assisting suicide a criminal offence, is incompatible with the rights of the Claimant under Article 8 of the European Convention of Human … Continue reading T, Regina (on The Application of) v Ministry of Justice: Admn 9 Oct 2018
The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in exceptional circumstances. It was said to be wrong automatically to impose … Continue reading Regina v Drew: HL 8 May 2003
Application for leave to appeal from refusal of declaration of incompatibility of section 2(1) of the 1961 Act with the claimant’s Article 8 human rights. The case concerns the issue of the provision of assistance to a person with a terminal degenerative disease who wishes to commit suicide, so as to be able to exercise … Continue reading Conway v The Secretary of State for Justice: CA 18 Jan 2018
The applicant sought to challenge an order for his return to Hong Kong under the Act. He said that the ordnance under which he was to be tried, and anti-corruption statute, infringed his human rights by transferring to him the burden of proof. The Secretary of State argued that an English court should not impose … Continue reading Regina v Secretary of State for Home Department ex parte Peter Elliot: Admn 18 Jul 2001
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003
Judges: Mr Justice Nicol Citations: [2013] EWHC 1332 (Admin) Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Extradition, Human Rights Updated: 27 May 2022; Ref: scu.512199
Is it is an abuse of process or unfair or in breach of Articles 6(3)(c), 8 and 14 of the European Convention on Human Rights for the prosecution to rely on the evidence of an interpreter, who had acted as an interpreter at the police station after the arrest of a defendant (when the defendant … Continue reading Bozkurt v Thames Magistrates’ Court: Admn 14 May 2001
lSIAC Deprivation of Citizenship : Preliminary Issue Judges: Flaux J, Ward UTJ, Sir Stewart Eldon Citations: [2014] UKSIAC SC – 66 – 2008 Links: Bailii Statutes: British Nationality Act 1981 Jurisdiction: England and Wales Citing: See Also – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005 The claimant was … Continue reading Hilal Al-Jedda: SIAC 18 Jul 2014
