Control Orders Held to Constitute a Deprivation of Liberty

Secretary of State for the Home Department v JJ and Ors [2007] UKHL 45 (31 October 2007)

In a judgment handed down on 31 October 2007, the House of Lords held that obligations imposed on six men under control orders made by the Secretary of State under the Prevention of Terrorism Act 2005 (UK) (‘PTA’), deprived those men of their liberty in violation of art 5 of the European Convention on Human Rights.

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Interference with the Publication of Opinions a Violation of the Right to Freedom of Expression

Flux and Samson v Moldova [2007] ECHR 28700/03 (23 October 2007)

The European Court of Human Rights has held that judicial decisions in defamation proceedings brought against a Moldovan newspaper interfered with its right to freedom of expression, and more specifically its right to disseminate public opinion on a matter of public interest.  The decision addressed the permissible limitations on the right to freedom of expression in the context of a potentially defamatory publication.

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Australian Constitution Enshrines Universal Suffrage or the Right to Vote: High Court Delivers Reasons in Prisoner Voting Case

Roach v Australian Electoral Commissioner and the Commonwealth

On 26 September 2007, the High Court published reasons for its orders of 30 August 2007 in the matter of Roach v Australian Electoral Commissioner and the Commonwealth which invalidated amendments to the Electoral Act made in 2006.  The amendments operated such that all prisoners serving a full-time sentence of detention were not entitled to vote at federal elections. By a 4-2 majority, the Court held that the amendments were unconstitutional. 

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Mandatory and Prolonged Detention Violates Prohibition against Arbitrary Detention

Shams & Ors v Australia, HRC, UN Doc CCPR/C/90/D/1255, 1256, 1259, 1260, 1266, 1268, 1270, 1288/2004 (11 September 2007)

In a decision regarding mandatory immigration detention, the UN Human Rights Committee has elucidated its jurisprudence on the content and application of art 9 of the ICCPR, the right to liberty and security of person and to be free from arbitrary detention.

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European Court Considers Lawfulness of Continued Detention on Remand

Nowak v Poland [2007] ECHR 18390/02; Owczar v Poland [2007] ECHR 34117/02; Michalak v Poland [2007] ECHR 16864/02

Three recent cases from the European Court of Human Rights consider the principles to be applied in determining whether continued detention is lawful.  This case note considers the potential impact of these decisions on the interpretation of ss 21(5) and (6) of the Charter of Human Rights and Responsibilities Act 2006 (Vic).

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