Orobator v HMP Holloway & Anor [2010] EWHC 58 (Admin) (20 January 2010)
In this case, the England and Wales High Court rejected a British citizen’s challenge to her detention in the UK after being convicted of drug offences in Laos. While the Court accepted that the claimant had been treated unfairly, it was not satisfied her trial and conviction in Laos amounted to a ‘flagrant denial of justice’ such as to justify her release from prison.
Read MoreSecretary of State for the Home Department v AF [2010] EWHC 42 (Admin) (18 January 2010)
The England and Wales High Court recently held that non-derogating control orders imposed on two UK citizens under anti-terrorism legislation were void ab initio. This resulted in a more favourable damages outcome for the complainants in their litigation against the Secretary of State for the Home Department, who had imposed the orders.
Read MorePHS Community Services Society v Canada (Attorney General), 2010 BCCA 15 (15 January 2010)
The British Columbia Court of Appeal has held that the denial of access to health care services, including safe injecting facilities, for people with severe drug dependency may violate the rights to life, liberty and security of person
Read MoreA W Khan v United Kingdom [2009] ECHR 27(12 January 2010)
The European Court of Human Rights has held that the deportation of a convicted heroin trafficker, who had not re-offended since release from prison and had developed strong ties with a country based on long-term residency, family and children, constituted a violation of the applicant’s right to private and family life.
Read MoreGillan and Quinton v United Kingdom [2009] ECHR 28 (12 January 2010)
The European Court of Human Rights held that stop and search powers granted to police under the ss 44-47 of the Terrorism Act 2000 (UK) were neither sufficiently circumscribed nor subject to adequate legal safeguards against abuse. As such, the Court found the powers not to be ‘in accordance with the law’, in violation of art 8 of the European Convention on Human Rights.
Read MoreTrang v Alberta (Edmonton Remand Centre), 2010 ABQB 6 (11 January 2010)
The Court of Queen’s Bench of Alberta has declared that conditions under which untried prisoners were held in Edmonton Remand Centre (‘ERC’) pending trial for conspiracy to traffic illicit drugs resulted in a breach of their right not be deprived of liberty except in accordance with the principles of fundamental justice (s 7), the right not to be subjected to cruel and unusual treatment or punishment (s 12) and the right to equality before and under the law without discrimination (s 15).
Read MoreRantsev v Cyprus and Russia [2010] ECHR 25965/04 (7 January 2010)
In a landmark judgment the European Court of Human Rights unanimously ruled that human trafficking fell within the scope of art 4 (prohibiting slavery, servitude and forced labour) of the European Convention. The Court clarified the positive obligations upon States to investigate allegations of trafficking and to implement measures to prevent and protect people from human trafficking.
Read MoreHeywood v Director of Housing [2010] R2009/36396 (4 January 2010)
In this case, the Victorian Civil and Administrative Tribunal considered the application of provisions of the Residential Tenancies Act 1997 (Vic) which provide for the creation of a tenancy and provisions which permit a landlord to apply for possession order where premises have been occupied without consent. The VCAT Member held that the relevant provisions do not engage the Charter of Human Rights and Responsibilities Act 2006 (Vic) as these provisions ‘enhance’ rights rather than limit them.
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