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25 September 2009 / Rowan Pennington–benton , Richard Cornes
Issue: 7386 / Categories: Features , Public , Human rights
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Qualified freedom

What happens when Strasbourg gets it wrong?

There is an argument that foreign nationals suspected of terrorist activities, and detained pending deportation, are in a “three walled prison”: they are free to leave detention at any point, as long as they agree to leave the UK altogether.

For many, however, this “freedom” is a legal fiction, for on return home to certain of their countries there is the risk of arrest, torture, and even loss of life. Here is the prison’s fourth wall. That reality was first recognised in Chahal v UK [1996] 23 EHRR 413, ECHR 22414/93. The European Court of Human Rights (ECtHR) held that a deporting state would be in breach of the European Convention on Human Rights (the Convention) if the receiving state was likely to abuse the deportee’s fundamental rights.

The first response to Chahal was to legislate to allow for indefinite detention within the UK, and enter a derogation from Art 5 of the Convention. When this approach was held to also breach fundamental rights, a

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

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General counsel have warned law firms not to keep artificial intelligence (AI) savings to themselves or risk losing work
Some 53 firms have been successfully assessed for legal aid contracts for inquest work and will now move to the verification stage, the Legal Aid Agency has confirmed
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