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Human rights update

25 September 2008
Issue: 7338 / Categories: Features , Public
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Susan Nash discusses cases involving expulsion, education and adoption

Rule 39 of the Rules of Court provides that the European Court of Human Rights (ECtHR) may order interim measures if it is in the interests of the parties, or considered necessary for the proper conduct of proceedings. In August 2008, Mustafa Kamal Mustafa (Abu Hamza) sought interim measures under r 39 to prevent his extradition to the US, which he complains would be in breach of Art 3 because he risks a life sentence without parole. He is due to stand trial in the US on charges relating to hostage-taking, conspiracy to create a terrorist training camp, and assisting acts of terrorism in Afghanistan.

His request was granted and the UK government informed that the applicant should not be extradited before the ECtHR had an opportunity to consider the matter.

Similarly, Gary McKinnon, who allegedly gained unauthorised access to military computers in the US from his home in the UK, requested interim measures to prevent his extradition to the US. He complains that, if convicted, conditions

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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