Case Law

Applications for judicial review. The Divisional Court judgment was, subsequently, appealed before the Court of Appeal: [2009] EWCA Civ 7.

19 December 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Death penalty - Freedom from torture, inhuman and degrading treatment - Human rights law - Jurisdiction - Prosecution vs persecution - Regional instruments - Right to justice - Right to life | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Acción de tutela instaurada por Roosevelt Díaz Vanegas y Andrés Silva Silva contra Acción Social.

14 November 2008 | Judicial Body: Colombia: Corte Constitucional | Topic(s): Effective remedy - Internally displaced persons (IDPs) - Right to justice | Countries: Colombia

Application for judicial review.

27 October 2008 | Judicial Body: Canada: Federal Court | Topic(s): Appeal / Right to appeal - Right to justice - Rule of law / Due process / Procedural fairness | Countries: Canada - Mexico

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

23 October 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Country of origin information (COI) - Criminal justice - Effective remedy - Extradition - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to justice | Countries: Turkmenistan - Ukraine

21 October 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Asylum-seekers - Criminal justice - Expulsion - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Right to justice - Right to liberty and security | Countries: Palestine, State of - Sweden

On appeal from the Queen's Bench Division, Administrative Court: The Hon Mr Justice Stanley Burnton (AF); The Hon Mr Justice Sullivan (AM); The Hon Mr Justice Mitting (AN); and The Hon Mr Justice Silber (AE). The principal issue in all these appeals was what principles govern the question whether, in the light of the decision of the House of Lords in SSHD v MB and AF [2007] UKHL 46, the controlee has had a fair hearing compatible with Article 6 of the European Convention on Human Rights of the issue whether there are reasonable grounds for suspecting that he is or has been involved in terrorism-related activity. Exceptionally, the Court of Appeal granted permission to appeal to the House of Lords in AE, AF and AN on all Article 6 related issues but not otherwise. The House of Lords subsequently allowed the appeals: [2009] UKHL 28.

17 October 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Confidentiality - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Right to justice - Rule of law / Due process / Procedural fairness - Terrorism | Countries: United Kingdom of Great Britain and Northern Ireland

Cet arrêt deviendra définitif dans les conditions définies à l'article 44 § 2 de la Convention. Il peut subir des retouches de forme.

23 September 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Freedom of expression - Kurd - Prosecution vs persecution - Right to justice | Countries: Turkey

Admissibility decision.

8 July 2008 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Country of origin information (COI) - Criminal justice - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Right to justice - Sur place persecution - Unlawful departure | Countries: Morocco - Sweden

Decision on preliminary issue. Whether the procedural safeguards considered in the House of Lords’ judgment in Secretary of State for the Home Department v MB [2007] UKHL 46 in proceedings about control orders apply with equal force to substantive appeals to the Commission.

27 June 2008 | Judicial Body: United Kingdom: Special Immigration Appeals Commission (SIAC) | Topic(s): Convention refugee - Deportation / Forcible return - Exclusion clauses - Immigration Detention - Mental health - National security / Public order - Right to justice - Right to liberty and security | Countries: Jordan - United Kingdom of Great Britain and Northern Ireland

On appeal from the Federal Court of Appeal.

26 June 2008 | Judicial Body: Canada: Supreme Court | Topic(s): Constitutional law - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Right to justice - Right to liberty and security - Rule of law / Due process / Procedural fairness | Countries: Canada - Morocco