header-logo header-logo

25 September 2009 / Rowan Pennington–benton , Richard Cornes
Issue: 7386 / Categories: Features , Public , Human rights
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll