02. Anti-Terrorism

Evans, R (on the application of) v Secretary of State for Defence [2010] EWHC 1445 (Admin) (25 June 2010)

Torture and the Transfer of Prisoners
Evans, R (on the application of) v Secretary of State for Defence [2010] EWHC 1445 (Admin) (25 June 2010)
Ms Evans, a peace activist, sought to stop the practice of British personnel transferring detainees to the Afghan authorities by arguing the practice exposed such transferees to a real risk of torture [...]

Secretary of State for the Home Department v AP [2010] UKSC 24 (16 June 2010)

What Constitutes a Deprivation of Liberty?
Secretary of State for the Home Department v AP [2010] UKSC 24 (16 June 2010)
A recent decision of the UK Supreme Court has confirmed that certain control order restrictions may constitute a deprivation of liberty sufficient to engage the operation of art 5 of the European Convention on Human Rights. 
Facts
The [...]

Habib v Commonwealth of Australia [2010] FCAFC 12 (25 February 2010)

‘Act of State Doctrine’ does not Apply when Grave Violations of Human Rights Alleged: Court Agrees to Consider Australia’s Obligations to Citizens Abroad
Habib v Commonwealth of Australia [2010] FCAFC 12 (25 February 2010)
On 25 February 2010, the Full Court of the Federal Court delivered a significant judgment that will allow the Court to consider the [...]

Mohamed v Secretary of State for Foreign & Commonwealth Affairs [2010] EWCA Civ 65 (10 Feb 2010)

Torture, Executive Accountability and the Rule of Law
Mohamed v Secretary of State for Foreign & Commonwealth Affairs [2010] EWCA Civ 65 (10 Feb 2010)
On 10 February 2010, the Court of Appeal (the Lord Chief Justice, the Master of the Rolls and the President of the Queen’s Bench presiding) published its decision in the protracted and [...]

Canada (Prime Minister) v Khadr, 2010 SCC 3 (29 January 2010)

Human Rights and Foreign Policy: Supreme Court Considers Canada’s Obligation to Protect the Human Rights of Citizens Abroad
Canada (Prime Minister) v Khadr, 2010 SCC 3 (29 January 2010)
The Canadian Supreme Court has confirmed that Canadian officials breached Omar Khadr’s right to liberty and security of the person under s 7 of the Charter of Rights [...]

Secretary of State for the Home Department v AF [2010] EWHC 42 (Admin) (18 January 2010)

Control Orders, the Right to a Fair Hearing and Compensation for Unlawful Deprivation of Liberty
Secretary 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 [...]

Gillan and Quinton v United Kingdom [2009] ECHR 28 (12 January 2010)

European Court Holds that Stop and Search Powers Violate Privacy and are ‘Not in Accordance with Law’
Gillan 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 [...]

Canada (Prime Minister) v Khadr, 2009 FCA 246 (14 August 2009)

Governmental Obligations in Foreign Affairs and to Citizens Abroad
Canada (Prime Minister) v Khadr, 2009 FCA 246 (14 August 2009)
A majority of the Canadian Federal Court of Appeal recently held that Canada’s discretion to decide whether and when to request the return of a Canadian citizen detained in a foreign country, a matter within its exclusive [...]

Secretary of State for the Home Department v GG [2009] EWCA Civ 786 (23 July 2009)

Legality and the Presumption against the Abrogation of Fundamental Freedoms: Control Orders Cannot Abrogate Fundamental Rights without Express Authority
Secretary of State for the Home Department v GG [2009] EWCA Civ 786 (23 July 2009)
The Court of Appeal of England and Wales has considered the Home Secretary’s power to restrict a person’s liberty with a control [...]

Secretary of State for the Home Department v AF & Anor [2009] UKHL 28 (10 June 2009)

Right to a Fair Hearing, Control Orders and Counter-Terrorism
Secretary of State for the Home Department v AF & Anor [2009] UKHL 28 (10 June 2009)
Nine Lords of the House of Lords have unanimously followed the Grand Chamber of the European Court of Human Rights in Strasbourg (ECHR) in the decision of A v United Kingdom. [...]

A and Ors v United Kingdom [2009] ECHR 3455/05 [Grand Chamber] (19 February 2009)

Prohibition against Arbitrary Detention and the Right to Procedural Fairness
A and Ors v United Kingdom [2009] ECHR 3455/05 [Grand Chamber] (19 February 2009)
In a case relating to the detention of non-national terror suspects in the UK, the European Court of Human Rights held that:

detention pending deportation cannot be justified under art 5(1)(f) of the European [...]

RB (Algeria) v Secretary of State for the Home Department [2009] UKHL 10 (18 February 2009)

House of Lords considers Human Rights Implications of Potential Torture of Terror Suspects
RB (Algeria) v Secretary of State for the Home Department [2009] UKHL 10 (18 February 2009)
In this case the House of Lords dismissed appeals by RB and U, Algerian nationals, from the Court of Appeal which had allowed their appeals from the Special [...]

Secretary of State for the Home Department v JJ [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 [...]

Charkaoui v Canada (Citizenship and Immigration), 2007 SCC 9

On 23 February 2007, the Supreme Court of Canada overturned provisions of the Immigration and Refugee Protection Act 2001 (Can) relating to the detention of permanent residents and foreign nationals on the basis that the provisions contravened the Canadian Charter of Rights and Freedoms.  The Canadian Parliament was given one year to rewrite the IRPA [...]