Schabas CCPR Commentary 3rd|
a. House of Lords, London / UK Supreme Court (since October 2009) |
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25.11.1998 |
Pinochet (No. 1), Former Head of State Immunity / Extradition of the Chilean ex-President Senator Pinochet from the United Kingdom to stand trial in Spain in respect of his alleged responsibility for taking hostages, torture and murder |
19 HRLJ 419 (1998) |
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17.12.1998 |
Pinochet (No. 2), Impartiality of a tribunal / Lord Hoffmann’s failure to disclose his links with AI as the Director and Chairperson of Amnesty International Charity Ltd |
19 HRLJ 443 (1998) |
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24.03.1999 |
Pinochet, Extradition of Senator Pinochet, former Head of State of Chile, from the United Kingdom to stand trial in Spain |
20 HRLJ 61 (1999) |
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16.12.2004 |
[2004] UKHL 56, A (FC) and others (FC) (Appellants), Indefinite detention without charge or trial for reasonably suspected international terrorists incompatible with Articles 5 and 14 ECHR / Foreign nationals who cannot be deported because of the risk of being tortured abroad / 8:1 decision of the Lords of Appeal |
25 HRLJ 428 (2004) |
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08.12.2005 |
[2005] UKHL 71, A (FC) and others (FC), Absolute rejection of torture as a constitutional principle / Evidence obtained by the infliction of torture non-admissible / Different approaches to the burden of proof / Preventive restrictive measures against suspected international terrorists before the Special Immigration Appeals Commission (SIAC) |
26 HRLJ 415 (2005) |
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22.03.2006 |
[2006] UKHL 15, Denbigh High School, Consensual school uniform policy respecting Islamic dress code criteria (shalwar kameeze) in conformity with the right of religious freedom / No prevailing right of undesirable differentiation between Muslim groups according to their religious strictness (wearing a long coat-like garment known as a jilbab) |
27 HRLJ 108 (2006) |
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12.12.2007 |
[2007] UKHL 58, Al Jedda, Alleged violation of the right to personal liberty (Article 5 § 1 ECHR) / Arrest and internment without trial since October 2004 by British troops at detention facilities in Iraq / Appeal dismissed / Mandate of the Multi National Force (MNF) under U.N. Security Council Resolution 1546 / Consideration of the Behrami and Saramati case decided by the EurCourtHR in May 2007 |
28 HRLJ 443 (2007) |
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10.06.2009 |
[2009] UKHL 28, Secretary of State for the Home Department v. AF et al., Control orders (according to the Prevention of Terrorism Act 2005) involving significant restrictions of liberty based on closed material violate fair trial principle (Article 6 ECHR) / Appellants’ appeals allowed in response to the EurCourtHR Grand Chamber judgment in A. et al. v. UK |
30 HRLJ 389 (2009-2010) |
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18.05.2011 |
[2011] UKSC 20, Brigid McCaughey et al., Investigation of killings in Northern Ireland that occurred in 1990 (i.e. before the entry into force of the Human Rights Act on 2 October 2000) in the light of the EurCourtHR Grand Chamber judgment in Šilih v. Slovenia (9 April 2009) which detached the procedural obligation under Article 2 ECHR from the substantive obligation |
31 HRLJ 434 (2011) |
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25.03.2015 |
[2015] UKSC 19, Pham, De jure and de facto statelessness / Withdrawal of British nationality on grounds of national security / Issue of EU citizenship / Intended deportation to Vietnam / Vietnamese Government declined to accept that the appellant was or is a Vietnamese national |
35 HRLJ 252 (2015) |
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25.11.2015 |
[2015] UKSC 69, Keyu et al., Killing 24 unarmed civilians in 1948 by a patrol of Scots Guards in Selangor, at the time a British Protected State in the Federation of Malaya (now Malaysia) / Request for public inquiry by the appellants (who are closely related to the victims) refused by the UK Government in 2010 / Appellants appeal dismissed / Extensive reference to the Strasbourg case-law regarding the duty to investigate into any death which occurred in suspicious circumstances / Temporal and procedural aspects |
35 HRLJ 441 (2015) |
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18.10.2017 |
[2017] UKSC 62 Judgment of 18.10.2017, Benkharbouche v. Secretary of State for Foreign and Commonwealth Affairs and Others, Scope of State immunity / Relatively recent consensus in favour of the restrictive doctrine / Employment of embassy staff / Relevant provisions of the State Immunity Act 1978 which extend State immunity to all members of a diplomatic mission violate Article 6 ECHR (access to court) |
37 HRLJ 458 (2017) |
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21.02.2018 |
[2018] UKSC 11 Judgment of 21 February 2018, Commissioner of Police of the Metropolis v. DSD et al., Ambit of positive duties which arise under Article 3 ECHR / Ill-treatment inflicted not by the State but by an individual actor / Deficiencies in the investigation of complaints of rape committed by a taxi driver since 2003 who remained undetected until 2008 and became a serial rapist |
38 HRLJ 207 (2018) |
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30.08.2018 |
[2018] UKSC 48 Judgment of 30 August 2018, Case of Siobhan McLaughlin, Exclusion of unmarried couples from receipt of widowed parent’s allowance declared incompatible with the ECHR / Thorough analysis of the ECtHR case-law regarding prohibition of discrimination (Article 14 ECHR) read in conjunction with the right to respect for family life (Article 8 ECHR) and/or the protection of property rights (Article 1 of Protocol 1 to the ECHR) |
38 HRLJ 441 (2018) |
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10.10.2018 |
[2018] UKSC 49 Judgment of 10 October 2018, Lee v Ashers Baking Company Ltd and others, Lawful objection to a message which is contrary to one’s religious belief / No obligation to produce a cake iced with a slogan with which the owners of a bakery (in Northern Ireland) profoundly disagree, namely “Support Gay Marriage” |
38 HRLJ 430 (2018) |
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30.01.2019 |
[2019] UKSC 2, Hallam and Nealon, Presumption of innocence under Article 6 § 2 ECHR and entitlement to compensation (based on section 133 of the Criminal Justice Act) of persons whose criminal convictions were subsequently quashed for being unsafe / Appeals dismissed / Coherence of the current state of the ECtHR case-law put into question |
39 HRLJ 340 (2019) |
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27.02.2019 |
[2019] UKSC 7, Geraldine Finucane, Murder of solicitor Patrick Finucane (1989, North Belfast) / Alleged State collusion with the murderers / Developments in the UK after the 2003 ECtHR judgment in that case / State’s inability to deliver an Article 2 ECHR compliant investigation (right to life, procedural obligation) / Government’s decision in 2010 to resile from its promise, given in 2004, to hold a public inquiry |
39 HRLJ 393 (2019) |
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15.05.2019 |
[2019] UKSC 21, DA et al. and DS et al., Entitlement for welfare benefits capped (2016 amended scheme) / No ECHR-related discrimination regarding lone parent mothers with young children who argue that their childcare obligations exclude being qualified for exemption of the cap (foreseen if a lone parent engages in work for at least 16 hours per week) / Legislature’s policy choice respected (better long-term outcomes for children who live in households in which an adult works) |
39 HRLJ 370 (2019) |
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24.09.2019 |
[2019] UKSC 41, Prorogation of Parliament in 2019 / Prime Minister Boris Johnson’s advice to Her Majesty the Queen unlawful |
39 HRLJ 409 (2019) |
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09.07.2021 |
[2021] UKSC 28, AB v. Secretary of State for Justice, Solitary confinement of a person aged under 18 not automatically a violation of Article 3 ECHR / Compatibility with the case-law of the ECtHR and its relevance under the Human Rights Act / Discussion of the minimum level of severity of a measure / Importance of other international instruments considered by the ECtHR / here: Custody conditions at Feltham Young Offenders’ Institution (regime of “single unlock” and/or of “three-officer unlock” ) / Appeal dismissed |
41 HRLJ 445 (2021) |
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20.12.2021 |
[2021] UKSC 58, Crosland case, Contempt of court by a lawyer who -- in order to generate a higher level of publicity for his complaint -- disclosed the outcome of a judgment to the public while it was still in draft and subject to embargo / Supreme Court’s contempt jurisdiction / Friends of the Earth et al. v. Heathrow Airport Ltd / Lawyer’s appeal regarding costs dismissed |
41 HRLJ 455 (2021) |
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06.07.2022 |
[2022] UKSC 20, Basfar (Respondent) v. Wong (Appellant), Functions of diplomatic missions in general protected by immunity / Trafficking and exploitation of a domestic worker (a national of the Philippines) in the household of a diplomat (representing Saudia Arabia in the UK) not covered by immunity if the alleged form of modern slavery is proved / Judgment rendered by a majority of three to two |
42 HRLJ 304 (2022) |
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23.11.2022 |
[2022] UKSC 31, Referendum on Scottish Independence, The Scottish Parliament does not have the power to legislate for a referendum on Scottish independence / Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act |
42 HRLJ 463 (2022) |
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21.06.2022 |
[2023] UKSC 20, Case of “Jackie” (Ms Jacqueline Maguire), Structure of the obligations imposed by Article 2 ECHR (right to life) / Procedural positive obligations regarding the investigation into the death of a patient who lived in a care home for adults requiring round-the-clock supervision |
43 HRLJ 288 (2023) |
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b. Judicial Committee of the Privy Council (JPC), London |
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02.11.1993 |
Pratt and Morgan v. the Attorney General for Jamaica et al., Death row phenomenon constitutes “inhuman or degrading punishment or treatment” / Commutation of death penalty to life imprisonment |
14 HRLJ 338 (1993) |