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Human rights law update

05 June 2008 / Susan Nash
Issue: 7324 / Categories: Features , Public , Human rights
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CONDITIONS IN DETENTION
EXTRADITION AND DEPORTATION
FREEDOM OF EXPRESSION

CONDITIONS IN DETENTION
The applicants in A and others v United Kingdom; (App no 3455/05) had been allegedly involved in terrorist groups with links to Al Qa’eda. They were detained under the Anti-Terrorism, Crime and Security Act 2001 (ACSA 2001) which provided that certified individuals could be detained pending deportation—despite the fact that their removal from the UK was unlikely because of a risk that they would face torture or ill treatment if returned to their country of origin. Each applicant had been certified as an international terrorist and initially detained at Belmarsh Prison.

While some applicants elected to leave the UK, three were transferred to Broadmoor secure mental hospital following deterioration in their mental health, and another was released on bail because of concern over his mental health.

Following a visit to the detainees in February 2002 and March 2004, the Council of Europe’s Committee for the Prevention of Torture (CPT) published a report which was critical of detention conditions in Belmarsh Prison

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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