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Contributing editor John McGroarty has prepared a comprehensive Strasbourg case law update for February 2010, which can be downloaded here:
Art. 02 Right to Life, Art. 03 Prohibition of Torture, Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Art. 11 Freedom of Assembly and Association, Art. 13 Effective Remedy, Protocol 1, Art. 1 Right to Private Property, Strasbourg Case LawArticles in: Art. 05 Right to Liberty and Security
Joint Committee on Human Rights Counter–Terrorism Policy and Human Rights: Annual Renewal of Control Orders Legislation 2010
March 14, 2010 | No CommentsThe Joint Committee on Human Rights has published its ninth report of the Parliamentary Session 2009-10. The summary of the report states:
“On 1 February 2010 the Home Secretary laid before both Houses the draft Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2010. This provides for the continuation of the control order regime from …
R (on the Application of Michael Degainis) v Secretary of State for Justice (2010)
February 22, 2010 | No Comments[2010] EWHC 137 (Admin)
The secretary of state’s apology and admission that he had breached the European Convention on Human Rights 1950 art.5(4) by having failed promptly to secure a review of a prisoner’s release, was a sufficient remedy to the prisoner where the breach had not extended the period he would have to spend in custody, and had not caused …
KM for Judicial Review of a Decison of the Secretary of State for the Home Department to Detain the Petitioner [2010] CSOH 8
February 6, 2010 | No CommentsThe petitioner arrived in the UK in 2000 and was granted asylum. In 2002, he is arrested, but granted Temporary Admission and released from custody subject to reporting conditions which he breaches. In 2004, he is convicted of robbery and sentenced to four years imprisonment.
Art. 05 Right to Liberty and Security, Asylum & Immigration LawSamantha Orobator v (1) Governor of Holloway Prison (2) Secretary of State for Justice
February 3, 2010 | No CommentsA decision not to release a British citizen, who had been convicted by a court in Laos for a drugs offence
Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure