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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. 06 Right to a Fair Trial
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 (K (Iran)) v Secretary of State for the Home Department [2010] EWCA Civ 115
March 12, 2010 | No CommentsThe appellant claimed damages arising from the delay in the processing his asylum application. He submitted that the delay caused two types of damage: first, it aggravated his existing psychiatric condition; secondly, he lost the opportunity of presenting his case during a period (a “window of lucidity”), when, it is said, his mental condition was such that he could still …
Art. 06 Right to a Fair Trial, Asylum & Immigration Law, EU LawR (on the application of Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs
March 7, 2010 | No CommentsR (on the application of BINYAM MOHAMED) v SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH AFFAIRS (2010)
This appeal was based on Binyam Mohamed’s request for disclosure by the UK government of documentation and information, so as to assist his defence against charges which he anticipated would be brought against him by the US.Important legal issues arise from the working relationship …
Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure, Data Protection and Freedom of Information, International Law‘Is the Convention Ours?’
March 7, 2010 | No CommentsAn intervention by THE RIGHT HON LADY JUSTICE ARDEN DBE
Considering the theme for the opening of the legal year of the ECtHR, namely ‘The Convention is Yours’, this address asks whether the Convention is actually such. It considers the problematic reality of domestic law being misunderstood or misinterpreted by Strasbourg, in light of cases such as Osman v United Kingdom, …
