On Wednesday, the Supreme Court delivered judgment in Walumba Lumba v Secretary of State for Home Dept with a colossal eight separate judgments. Thomas de la Mare, of Blackstone Chambers, asked on Twitter whether Lumba constitutes a ‘v. important decision or statement of the bleedin obvious?’ Perhaps both. Regardless of the answer to this, however, [...]
Archive for the ‘Right to liberty’ Category
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 [...]
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 14, 2011
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Control orders: “the best of many bad options”
By Leon Glenister in Human Rights Act, Right to libertyYaaser Vanderman for law think claims the control order regime “wreaks havoc on the lives of the innocent”. Henry Porter and Afua Hirsch have called it a “disastrous neglect of the rule of law”. It is of course true the control order regime poses huge problems for individual rights. But to argue that the regime [...]
January 10, 2011
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Police intelligence?
By Yaaser Vanderman in Right to liberty‘Someone must have slandered Josef K, for one morning, without having done anything truly wrong, he was arrested.’ As famous as it is frustratingly unjust, this is the first line of Franz Kafka’s The Trial. In fact, unlike in the infamous control order regime, the protagonist in that novel is at least allowed to freely [...]
January 7, 2011
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Exploring the possibilities of control order reform
By Leon Glenister in Right to libertyNick Clegg today announced that although the control order system created in 2005 by the Prevention of Terrorism Act will stay, there will be changes to it. The exact changes were not specified, perhaps a sign the coalition government is not yet in agreement. Here we highlight the main human rights issues which the government [...]
