Articles in: Art. 06 Right to a Fair Trial

AN V Secretary of State for the Home Department : Secretary of State for the Home Department v (1) AE (2) AF

August 10, 2010 | No Comments

Where a non-derogating control order made pursuant to the Prevention of Terrorism Act 2005 was legally flawed it attracted the usual consequence of a legally flawed administrative act, which was quashing ab initio. The secretary of state had acted unlawfully in moving towards the making of a number of non-derogated control orders when, in order to justify them, he needed …

Art. 06 Right to a Fair Trial, Misc.

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 (K (Iran)) v Secretary of State for the Home Department [2010] EWCA Civ 115

March 12, 2010 | No Comments

The 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 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.