Facts Cadder was detained by the police on suspicion of serious assault and cautioned in line with Sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995. He was told that he was entitled to have a solicitor informed of his detention but he did not exercise that right and so he was interviewed […]
Nunn v Chief Constable of Suffolk Constabulary
June 13, 2014
JUSTICE intervened by way of written submissions in the UK Supreme Court in this case concerning the duty upon public authorities to disclose material to a convicted person who is investigating a claim of miscarriage of justice. Judgment was handed down on 13 June 2014. The appellant’s solicitors sought access to DNA evidence in order for […]
Jones v UK
January 14, 2014
JUSTICE intervened jointly with Amnesty International, INTERIGHTS, Human Rights Watch and Redress in this case. The European Court of Human Rights handed down their judgment on 14 January 2014. The claim involved four UK nationals who attempted to bring proceedings in the domestic courts against Saudi Arabia and its officials, seeking redress for their alleged torture […]
Smith & Others v Ministry of Defence
June 19, 2013
JUSTICE intervened in this case to urge the Supreme Court to find that the relationship between the UK and its forces means that they carry the protection of UK law with them overseas, including the human rights protections in the Human Rights Act 1998. The anomalies created by any other conclusion would, in our view, […]
The Government’s new secret evidence proposals: unfair, unjustified and unnecessary
December 19, 2012
A significant part of JUSTICE’s work over the coming months will focus on the response to the Government’s Green Paper on Justice and Security. In Al-Rawi, the Supreme Court held that it did not have the inherent jurisdiction to expand the use of secret evidence procedures in civil proceedings ([2011] UKSC 34). The Government had […]
Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah
October 31, 2012
The Supreme Court handed down its judgment on 31 October 2012. Mr Rahmatullah was detained by UK forces in Iraq in 2003 and handed over to US forces, subject to a Memoranda of Understanding on the transfer of detainees. He has been held in Afghanistan at Bagram Airbase since some time in 2004. Supported by Reprieve, […]
Nada v Switzerland
September 12, 2012
How should a member state react when a UN Security Council Resolution conflicts with the European Convention on Human Rights? This case concerned the compatibility of asset-freezing under UN Security Council Resolution 1267 with Articles 8 (right to family and private life) and 13 (right to an effective remedy) of the European Convention on Human […]
HH and PH v Deputy Prosecutor of Italian Republic, Genoa; FK v Polish Judicial Authority
June 20, 2012
The case was heard by the UK Supreme Court on 5th to 8th March 2012, together with another case from Scotland BH and KAS v The Lord Advocate. Judgment was given to both cases on 20th June 2012. This case concerned extradition and the rights of children: whether extradition would be incompatible with the rights of the […]
Rabone v Pennine Care NHS Trust
February 8, 2012
In this case, the Court was asked to consider whether there is a preventive operational obligation under Article 2 of the ECHR to informal psychiatric patients to safeguard their lives when at risk of suicide. Also, whether parents of the deceased are victims for the purposes of bringing a claim under the Human Rights Act. […]
Rabone & Anor v Pennine Care NHS Foundation [2012]
Lady Hale [95]: “People suffering from mental disorders have the same human rights as everyone else and are entitled to enjoy those rights without discrimination on account of their mental status.” Facts In April 2005, Melanie Rabone was admitted to a hospital operated by the Defendant as an emergency following a suicide attempt. Although assessed […]