Case Law

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

22 December 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - HIV and AIDS - Pre-trial detention - Prison or detention conditions - Public health - Right to family life - Right to liberty and security | Countries: Russian Federation

Motion to grant a writ of habeas corpus.

24 November 2008 | Judicial Body: United States District Courts | Topic(s): Children's rights - Combatants / Former combatants - Habeas corpus - Juvenile justice system - Military courts - Pre-trial detention - Prison or detention conditions - War crimes | Countries: Canada - United States of America

Application for judicial review.

6 November 2008 | Judicial Body: Canada: Federal Court | Topic(s): Complementary forms of protection - Criminal justice - Deportation / Forcible return - Pre-trial detention - Prison or detention conditions - Rejected asylum-seekers - Rule of law / Due process / Procedural fairness | Countries: Canada - Venezuela

Applicaiton for judicial review.

6 November 2008 | Judicial Body: Canada: Federal Court | Topic(s): Complementary forms of protection - Criminal justice - Deportation / Forcible return - Pre-trial detention - Prison or detention conditions - Rejected asylum-seekers - Rule of law / Due process / Procedural fairness | Countries: Canada - Venezuela

23 June 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Crime prevention - Expulsion - Pre-trial detention - Residence permits / Residency | Countries: Austria - Bulgaria

On appeal from the Court of Appeal: [2006] EWCA Civ 1141.

31 October 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Pre-trial detention - Right to liberty and security - Terrorism | Countries: United Kingdom of Great Britain and Northern Ireland

On appeal from the Court of Appeal: [2007] EWCA Civ 459.

31 October 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Mental health - Pre-trial detention - Right to liberty and security - Terrorism | Countries: Tunisia - United Kingdom of Great Britain and Northern Ireland

On appeal from the Court of Appeal ([2006] EWCA Civ 1140), and the High Court ([2007] EWHC 651 (Admin)).

31 October 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Pre-trial detention - Right to justice - Right to liberty and security - Terrorism | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

This determination replaces the following Country Guidance cases:
- YP (Maintenance - Detention Records) Sri Lanka CG [2003] UKIAT 00145;
- JP (Maintenance – Detention Records) Sri Lanka CG [2003] UKIAT 00142;
- SV (Passport Renewal) Sri Lanka CG [2003] UKIAT 00125;
- VK (Risk - Release - Escapes - LTTE) Sri Lanka CG [2003] UKIAT 00096;
- TK (Ceasefire - Negotiations) Sri Lanka CG [2003] UKIAT 00026;
- VS (Risk - LTTE - Escape) Sri Lanka CG [2003] UKIAT 00003;
- AE FE (PTSD - Internal Relocation) Sri Lanka CG [2002] UKIAT 05237;
- DA (Risk - Return - Reporting Restrictions) Sri Lanka CG [2002] UKIAT 04729;
- IS (Risk - Conviction - Fine Paid - Release) Sri Lanka CG [2002] UKIAT 04230;
- TJ (Risk - Returns) Sri Lanka CG [2002] UKIAT 01869;
- CB (Detailed Appraisal) Sri Lanka CG [2002] UKIAT 01547; and
- PT (Medical Report - Analysis) Sri Lanka CG [2002] UKIAT 01336.
The risk categories were subsequently confirmed by the Asylum and Immigration Tribunal in TK (Tamils - LP Updated) Sri Lanka CG [2009] UKAIT 00049.

6 August 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Passports - Persecution based on political opinion - Pre-trial detention - Rejected asylum-seekers - Tamil - Travel documents - Unlawful departure | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

On petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Justice Breyer dissenting from the denial of certiorari.

2 April 2007 | Judicial Body: United States Supreme Court | Topic(s): Appeal / Right to appeal - Arbitrary arrest and detention - Habeas corpus - Pre-trial detention - Terrorism | Countries: Afghanistan - United States of America