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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

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

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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
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