Reports of Muammar Gaddafi’s death have been widely discussed since lunchtime on Thursday 20th October 2011, and calls for an inquiry are already resounding across the internet. What is known is that Gaddafi was captured by rebel forces in a drainage pipe after his convoy was attacked, and he was subsequently announced dead. User-generated content (UGC) [...]
Archive for the ‘Right to fair trial’ Category
October 23, 2011
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Libyan ‘victory’: The demise of the ICC?
By Dónal Kearney in Legal/political philosophy, Right to fair trial
October 19, 2011
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‘Blind shots at a hidden target’: reforming the Special Advocate Procedure
By Leon Glenister in Right to fair trialWhat should the court do where there is an individual who is being tried, but the prosecutor is unable to disclose the evidence against him because it would constitute a national security risk? This is an issue that most commonly occurs in cases of suspected terrorists but its scope is wider than that. Lord Hope [...]
March 11, 2011
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The Abdi case: the fairness of delayed appeal procedures
By Yaaser Vanderman in Right to fair trial, Right to libertyOn Wednesday, in the case of SoS for Home Dept v Abdi, the Court of Appeal gave judgment on an extremely interesting question posed to them: in deciding whether a foreign national facing deportation has been detained for an unreasonably long period, does time which he has spent appealing against deportation count? Thus the case [...]
February 1, 2011
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The Injustice of Special Advocates
By Yaaser Vanderman in Right to fair trialAlmost a year ago, the Court of Appeal delivered a stunning rebuke to the security services of this country when it pronounced that: It would, in our view, be wrong for judges to introduce into ordinary civil trials a procedure which (a) cuts across absolutely fundamental principles (the right to a fair trial and the [...]
January 27, 2011
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Losing Control…Orders? Theresa May, Lord Macdonald and TPIMs
By Yaaser Vanderman in Right to fair trial, Right to liberty, Right to privacyPerhaps the most credible element of Theresa May’s meretricious review into ‘Counter-terrorism and Security Powers’ is the critique delivered by the forthright human rights advocate Lord Macdonald QC. Nonetheless, for anyone who thought there might be even the slightest chance of control orders being abolished, ‘Terrorism Prevention and Investigation Measures’ (TPIM) are a mighty disappointment. [...]
January 24, 2011
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Politicising the Police – the dangers of the Police Reform and Social Responsibility Bill
By Yaaser Vanderman in Right to fair trialYou could be forgiven for thinking that, in comparison to other behemothic human rights issues in the UK at the moment, the Police Reform and Social Responsibility Bill is, well, rather vanilla. Part 1 delicately replaces Police Authorities with Police and Crime Commissioners. On closer inspection, however, this is a real cause of concern. By [...]
January 21, 2011
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The Problems with Police Disclosure – the Ratcliffe Six and miscarriages of justice
By Yaaser Vanderman in Right to fair trialThe furore surrounding the betrayal, sexual proclivity and, quite frankly, hairstyle of Mark Kennedy is acting as nothing more than a fig-leaf for the real problem that has emerged from this saga: police disclosure. Some of the most lamentable miscarriages of justice over the last forty years can be attributed to the police failing to [...]
