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The Queen on the application of:1) Hemmati; 2)Khalili;3) Abdulkadir; 4) Mohammed (Appellants) - and - The Secretary of State for the Home Department (Respondent)
and Between The Queen on the application of SS (Respondent) -and- The Secretary of State for the Home Department (Appellant)
The principal issues in the appeals concern the meaning and effect of Article 2(n) and Article 28 of Dublin III ("Article 2(n)" and "Article 28", respectively), which relate to the detention of an individual for the purpose of transfer to another Member State under that Regulation. Mr Hemmati and Mr Khalili also raise a distinct issue regarding whether Garnham J was right to hold that their detention was lawful by application of the usual principles of domestic law first adumbrated in Re Hardial Singh [1984] 1 WLR 704 and rehearsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home Department [2012] 1 AC 245 ("the Hardial Singh principles"). 4 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Arbitrary arrest and detention - Prison or detention conditions | Countries: Afghanistan - Austria - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland |
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Human Rights and Democracy Report 2017 - Afghanistan
16 July 2018 | Publisher: United Kingdom: Foreign and Commonwealth Office | Document type: Annual Reports |
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Afghanistan: Female prisoners jailed far from home
27 February 2018 | Publisher: Institute for War and Peace Reporting | Document type: Country News |
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J.R. and Others v. Greece (AFFAIRE J.R. ET AUTRES c. GRÈCE)
The Court found in particular that the applicants had been deprived of their liberty for their first month in the centre, until 21 April 2016 when it became a semi-open centre. The Court was nevertheless of the view that the one-month period of detention, whose aim had been to guarantee the possibility of removing the applicants under the EU-Turkey Declaration, was not arbitrary and could not be regarded as “unlawful” within the meaning of Article 5 § 1 (f). However, the applicants had not been appropriately informed about the reasons for their arrest or the remedies available in order to challenge that detention. 25 January 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security | Countries: Afghanistan - Greece |
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IWPR report brings change at Afghan prison
22 January 2018 | Publisher: Institute for War and Peace Reporting | Document type: Country News |
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EASO Country of Origin Information Report. Afghanistan Individuals targeted by armed actors in the conflict
December 2017 | Publisher: European Union: European Asylum Support Office (EASO) | Document type: Country Reports |
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Concluding observations on the second periodic report of Afghanistan
12 June 2017 | Publisher: UN Committee Against Torture (CAT) | Document type: Concluding Observations |
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Annual Report 2016 - Afghanistan
23 May 2017 | Publisher: International Committee of the Red Cross (ICRC) | Document type: Annual Reports |
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Conflict-related detainees in Afghanistan tortured, ill-treated in government facilities – UN
24 April 2017 | Publisher: UN News Service | Document type: Country News |
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Treatment of Conflict-Related Detainees: Implementation of Afghanistan's National Plan on the Elimination of Torture
April 2017 | Publisher: UN Assistance Mission in Afghanistan (UNAMA) | Document type: Country Reports |
