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The NLJ Column

13 April 2007 / John Cooper KC
Issue: 7268 / Categories: Blogs , Public , Human rights , Constitutional law
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The jurisprudential gold standard needs to be revisited

Following the release of the British sailors from Iran, there has been considerable interest in why the Navy personnel condemned British involvement in Iraq and made admissions of their alleged incursions into Iran’s waters. The reason the sailors gave was that they had been tortured. The details of this ‘torture’ ranged from hearing carpentry outside their cells (implicitly linked to manufacture of their coffins), being told they would never see their children again, and, terrifyingly, being told they looked like Mr Bean.

Minimum severity threshold

There are some who sympathise with the sailors when clearly a degree of intimidation forced them to appear craven on world television. But loose use of the word torture is misleading.

It is becoming very difficult to establish a finding of torture in the European court according to European Convention on Human Rights jurisprudence and the word should not be used lightly. The threshold created to filter lesser claims of human indignity, somewhat short of torture, known as

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
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
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