Princess Caroline of Monaco fails in ECHR bid to protect privacy

Von Hannover v Germany (No. 2) [2012] ECHR 228 (7 February 2012) 

This case is an application to the European Court of Human Rights by Princess Caroline of Monaco and her husband, Prince Ernst August von Hannover, following the refusal by German courts to prohibit further publication of photos taken of them while on holiday. The Court’s task was to determine whether the manner in which the relevant domestic laws were applied to the applicants infringed their right to respect for their private and family life (guaranteed under article 8 of the Convention). This required an examination of the balance struck between the right to privacy and the right to freedom of expression (guaranteed under article 10).

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MichelleBennettDemocratic Freedoms, Privacy
Limitations on the rights of freedom of speech and association: Lawful and justified?

City of London v Samede & Ors [2012] EWHC 34 (QB) (18 January 2012)

The England and Wales High Court upheld claims brought by the City of London Corporation for possession of highway and other open land in the churchyard of St Paul's Cathedral, London, where the defendants, part of the Occupy protest movement, had set up a protest camp. Lindblom J held that this was a "lawful and justified" interference with the defendants' rights of freedom of expression and association under articles 10 and 11 of the European Convention on Human Rights.

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MichelleBennettDemocratic Freedoms
Do whole life sentences amount to torture, inhuman or degrading treatment or punishment?

Vinter & Ors v United Kingdom [2012] ECHR 61 (17 January 2012)

The applicants, Douglas Vinter, Jeremy Bamber and Peter Moore, are currently serving life sentences for murder in the United Kingdom. Each has received a whole life order meaning that they will never be released from prison, other than at the discretion of the Secretary of State on compassionate grounds (such as terminal illness or serious disability). The three appealed their sentences to the European Court of Human Rights alleging violations of articles 3 (prohibition on torture, inhuman and degrading treatment and punishment), 5(4) (the right to speedy court proceedings to determine the lawfulness of detention), 6 (the right to a fair trial) and 7 (the prohibition of retrospective criminalisation) of the Convention for the Protection of Human rights and Fundamental Freedoms. The Court rejected each of these claims.

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MichelleBennettPrisoner Rights
Deportation to states that practice torture

Abu Qatada v United Kingdom [2012] ECHR 56 (17 January 2012) 

The European Court of Human Rights was asked to consider whether the Applicant's rights under articles 3 (torture), 5 (liberty and security), 6 (fair trial) and 13 (effective remedy) of the European Convention on Human Rights would be breached if he was deported to Jordan where he faced criminal proceedings. The Court held that there would be a violation of article 6 as there was a real risk that evidence obtained by torture would be used in a retrial. This is the first instance in which the Court has found that an expulsion would constitute a violation of article 6.

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MichelleBennettForeign Policy, Counter-terrorism
Incapacity, inhuman or degrading treatment, and the right of mentally ill persons to access the courts

Stanev v Bulgaria [2012] ECHR 46 (17 January 2012)

The Grand Chamber of the European Court of Human Rights held that a man who had been declared partially incapacitated and placed in a dilapidated psychiatric home had suffered a number of violations of his human rights. The Grand Chamber emphasised that detention other than in accordance with domestic law is a violation of the right to liberty. Moreover, an aggregate of factors such as inadequate living conditions and lengthy detention can amount to inhuman or degrading treatment. Finally, incapacitated persons must have access to the courts for judicial review of both their living conditions and their legal status.

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MichelleBennettPrisoner Rights, Disability & Mental Health, Human Rights Law & Institutions
The use of restraints against young people in Secure Training Centres

The Children’s Rights Alliance for England v Secretary of State for Justice [2012] EWHC 8 (Admin) (11 January 2012)

This decision of the England and Wales High Court held that whilst certain measures had been unlawfully perpetrated against young people in secure training centres, the Court had no jurisdiction to grant an order that the victims be identified and informed of their legal rights.

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MichelleBennettPrisoner Rights, Child Rights
Journalistic access to prisons and the right to freedom of expression and information

British Broadcasting Corporation (BBC) & Anor, R (on the application of) v Ahmad [2012] EWHC 13 (Admin) (11 January 2012)

In early 2012, the British Broadcasting Corporation applied for permission to conduct a face-to-face interview with Babar Ahmad who is currently detained in prison without charge and whose extradition has been sought by the USA. The BBC also wished to broadcast parts of the interview in a programme looking at the treatment of detainees like Mr Ahmad and extradition arrangements with the USA. The Secretary of State refused this permission. The High Court of England subsequently held this decision was incompatible with the right to freedom of expression and as such was unlawful.

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MichelleBennettDemocratic Freedoms
Removal of children without automatic judicial review held to be a breach of children’s rights

C and Others v Department of Health and Social Development, Gauteng and Others [2012] ZACC 1 (11 January 2012)

South Africa’s Constitutional Court has overturned legislation that enabled state officials to remove children from family care without requiring prompt and automatic judicial review. The majority of the Constitutional Court held that prompt judicial review of decisions to remove children from their families is in the ‘best interests’ of children and is necessary to safeguard the right to access to justice. Therefore, the Children’s Act was held to be inconsistent with section 28 (rights of the child) and section 34 (access to justice) of South Africa’s Bill of Rights.

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MichelleBennettChild Rights, Foreign Policy