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13 April 2007 / John Cooper KC
Issue: 7268 / Categories: Blogs , Public , Human rights , Constitutional law
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The NLJ Column

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
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Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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