(Commission) An American citizen was detained in England, and eventually deported to France. He complained that there was discrimination against foreign nationals, who did not challenge orders for deportation but sought parole. That was disputed by the Secretary of State, and the complaint was found to be unsubstantiated, but the Commission did consider the jurisdictional issue. It noted that having been sentenced to serve 5 years imprisonment the applicant could have been expected to serve that sentence, but the Commission went on to say that: ‘If a prisoner pre-release scheme were operated in a discriminatory manner, an issue could arise under Article 5 of the Convention, read in conjunction with Article 14.’
Citations:
12118/86
Statutes:
European Convention on Human Rights 5 14
Cited by:
Cited – Secretary of State for the Home Department v Hindawi and Headley CA 13-Oct-2004
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his.
Held: The right to be referred to the parole board was a statutory . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Prisons
Updated: 06 May 2022; Ref: scu.220030