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26 April 2012 / Susan Nash
Issue: 7511 / Categories: Features , Public , Human rights
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Rights under pressure

Susan Nash provides an update on the latest human rights controversies

Relying on Art 8 (right to respect for private and family life) and Art 1 of Protocol No 1 (protection of property), the applicants in Kolyadenko v Russia (App Nos 17423/05, 20534/05, 20678/05, 23263/05, 24283/05 and 35673/05), complained that damage to their property was caused when the authorities released water from a swollen reservoir to prevent a dam burst. According to the applicants, no emergency warning was given. Further, relying on Art 2, the applicants complained that that the authorities had put their lives at risk by releasing the water without any prior warning and by having failed to maintain the river channel. While the European Court of Human Rights (ECtHR) was prepared to accept that the release of water had been unavoidable given the exceptional weather and the risk of the dam breaking, it was not convinced that the flood could be explained only by adverse weather conditions. Although the authorities were aware of the poor state of a river channel, the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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