Law and Rights
Council of Europe Report:
The 6th Annual Report of the Council of Europe's Committee of Ministers has been published. It deals with Supervision of the execution of judgments and decisions of the European Court of Human Rights.
Foreign and Commonwealth Office Report:
The FCO has published the 2012 Human Rights and Democracy report. This is a wide-ranging report looking at human rights issues around the world.
For an update on allegations that the UK was complicit in torture see Watching the Law
European Court of Human Rights:
The 4th Section of the court has given judgment in Aswat v United Kingdom.
Previous posts touching on Haroon Aswat's case are - Law and Lawyers 25th September 2012 and 14th April 2012 Reflections on Babar Ahmed and others v UK.
In Aswat, the court has held that there would be a violation of Article 3 of the Convention - (Prohibition of torture or inhuman or degrading treatment or punishment) - in the event of the applicant?s extradition to the USA solely on account of the current severity of his mental condition.
At para. 57 of the judgment, the court concluded:
While the Court in Babar Ahmad did not accept that the conditions in ADX Florence would reach the Article 3 threshold for persons in good health or with less serious mental health problems, the applicant?s case can be distinguished on account of the severity of his mental condition. The applicant?s case can also be distinguished from that of Bensaid v. the United Kingdom, no. 44599/98, (ECHR 2001?I) as he is facing not expulsion but extradition to a country where he has no ties, where he will be detained and where he will not have the support of family and friends. Therefore, in light of the current medical evidence, the Court finds that there is a real risk that the applicant?s extradition to a different country and to a different, and potentially more hostile, prison environment would result in a significant deterioration in his mental and physical health and that such a deterioration would be capable of reaching the Article 3 threshold
The Aswat decision is not yet final and it remains to be seen whether the British government will request a reference to the Grand Chamber.
Guantanamo Bay - Hunger Strike:
Please see Watching the Law
- Florida Psychotherapist Patient Privilege: Protecting Mental Health Records In Divorces And Other Family Law Cases
Divorce and family law cases sometimes get ugly. And, in ugly cases, it is not uncommon for one or both of the parties to have a personality disorder or other mental health condition. Under certain circumstances, a party's mental health...
- Ian Brady - Tribunal Hearing June 2013
It was in 1966 that Ian Brady and Myra Hindley were convicted at Chester Assizes* (Fenton Atkinson J and a jury) of the murders of children. Both were sentenced to life imprisonment. Hindley died in November 2002. Brady has been held...
- An Interesting Question - What If Mr Assange Ever Got To Sweden?
Recommended reading: A post on the Pal Wrange blog is well worth reading on this subject and offers a similar view to that in my post below and also looks at whether Assange could now be extradited from the UK directly to the USA. --- Julian Assange...
- Strasbourg Finds Against The Uk - Ms V Uk
The prolonged police detention of mentally-ill man without adequate medical care violated his Convention rights - M.S. v. the United Kingdom (application No. 24527/08). In a judgment which is not final, the Fourth Section of the European Court of...
- Reflections On Babar Ahmed And Others V United Kingdom: Extradition: European Court Of Human Rights
European Court of Human Rights - StrasbourgOn 10th April, the European Court of Human Rights (Fourth Section) - (the court) - sitting as a Chamber delivered judgment in the case of six men who are facing extradition from the United Kingdom to the United...
Law and Rights
Human rights - a short update
The 6th Annual Report of the Council of Europe's Committee of Ministers has been published. It deals with Supervision of the execution of judgments and decisions of the European Court of Human Rights.
Foreign and Commonwealth Office Report:
The FCO has published the 2012 Human Rights and Democracy report. This is a wide-ranging report looking at human rights issues around the world.
For an update on allegations that the UK was complicit in torture see Watching the Law
European Court of Human Rights:
The 4th Section of the court has given judgment in Aswat v United Kingdom.
Previous posts touching on Haroon Aswat's case are - Law and Lawyers 25th September 2012 and 14th April 2012 Reflections on Babar Ahmed and others v UK.
In Aswat, the court has held that there would be a violation of Article 3 of the Convention - (Prohibition of torture or inhuman or degrading treatment or punishment) - in the event of the applicant?s extradition to the USA solely on account of the current severity of his mental condition.
At para. 57 of the judgment, the court concluded:
While the Court in Babar Ahmad did not accept that the conditions in ADX Florence would reach the Article 3 threshold for persons in good health or with less serious mental health problems, the applicant?s case can be distinguished on account of the severity of his mental condition. The applicant?s case can also be distinguished from that of Bensaid v. the United Kingdom, no. 44599/98, (ECHR 2001?I) as he is facing not expulsion but extradition to a country where he has no ties, where he will be detained and where he will not have the support of family and friends. Therefore, in light of the current medical evidence, the Court finds that there is a real risk that the applicant?s extradition to a different country and to a different, and potentially more hostile, prison environment would result in a significant deterioration in his mental and physical health and that such a deterioration would be capable of reaching the Article 3 threshold
The Aswat decision is not yet final and it remains to be seen whether the British government will request a reference to the Grand Chamber.
Guantanamo Bay - Hunger Strike:
Please see Watching the Law
- Florida Psychotherapist Patient Privilege: Protecting Mental Health Records In Divorces And Other Family Law Cases
Divorce and family law cases sometimes get ugly. And, in ugly cases, it is not uncommon for one or both of the parties to have a personality disorder or other mental health condition. Under certain circumstances, a party's mental health...
- Ian Brady - Tribunal Hearing June 2013
It was in 1966 that Ian Brady and Myra Hindley were convicted at Chester Assizes* (Fenton Atkinson J and a jury) of the murders of children. Both were sentenced to life imprisonment. Hindley died in November 2002. Brady has been held...
- An Interesting Question - What If Mr Assange Ever Got To Sweden?
Recommended reading: A post on the Pal Wrange blog is well worth reading on this subject and offers a similar view to that in my post below and also looks at whether Assange could now be extradited from the UK directly to the USA. --- Julian Assange...
- Strasbourg Finds Against The Uk - Ms V Uk
The prolonged police detention of mentally-ill man without adequate medical care violated his Convention rights - M.S. v. the United Kingdom (application No. 24527/08). In a judgment which is not final, the Fourth Section of the European Court of...
- Reflections On Babar Ahmed And Others V United Kingdom: Extradition: European Court Of Human Rights
European Court of Human Rights - StrasbourgOn 10th April, the European Court of Human Rights (Fourth Section) - (the court) - sitting as a Chamber delivered judgment in the case of six men who are facing extradition from the United Kingdom to the United...