Articles in: Art. 05 Right to Liberty and Security

The Coalition: our programme for government

May 20, 2010 | No Comments

The Conservative/Lib Dem coalition today published its full programme for government.  Chapter 3 of the programme, titled Civil Liberties states:
“We will be strong in defence of freedom. The Government believes that the British state has become too authoritarian, and that over the past decade it has abused and eroded fundamental human freedoms and historic civil liberties. We need to restore …

Art. 02 Right to Life, Art. 03 Prohibition of Torture, Art. 04 Freedom from Slavery, Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 07 No Punishment without Law, Art. 08 Right to Private and Family Life, Art. 09 Freedom of Thought, Conscience and Religion, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association, Art. 12 Right to Marry and Found a Family, Art. 13 Effective Remedy, Art. 14 Prohibition of Discrimination, Commentaries

Strasbourg case law – February 2010

March 15, 2010 | No Comments

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 Law

Joint Committee on Human Rights Counter–Terrorism Policy and Human Rights: Annual Renewal of Control Orders Legislation 2010

March 14, 2010 | No Comments

The 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 …

Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Commentaries

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 …

Art. 05 Right to Liberty and Security, Criminal Law and Criminal Procedure, Prisons Law

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 Comments

The 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 Law
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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.