Results tagged “European Court of Human Rights”

The British and Irish Legal Institute website has the text of Lord Justice Stanley Burnton and Mr. Justice Wilkie's refusal to allow Gary McKinnon's case to be certified to go up to the Supreme Court on appeal.

McKinnon, R (on the application of) v Secretary of State for Home Affairs [2009] EWHC 2449 (Admin) (09 October 2009)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2009/2449.html
Cite as: [2009] EWHC 2449 (Admin)

[...]

Lord Justice Stanley Burnton :

Introduction

1. Following the handing down of judgment in this case and on the Claimant's application for permission to apply for judicial review against the Director of Public Prosecutions, we gave directions for the parties to file and to serve written submissions on the Claimant's application for certification of points of law of general public importance and for leave to appeal. In addition, the Claimant sought an oral hearing in the event that the Court was minded to refuse his applications.

[...]

Article 8

3.

[...]

We therefore refuse permission to apply for judicial review on the Article 8 ground and, it follows, there cannot be a certificate on a point of law on Article 8. In these circumstances, no question of leave to appeal on this ground arises.

Article 3

[...]

5. For the same reason, i.e. that the extradition of the Claimant will not, on the evidence before us, involve or result in treatment that will breach his rights under Article 3, we do not consider that his case raises the points of general public importance suggested by the Claimant in paragraph 1.5 of his submission dated 22 August 2009.

Conclusion

6. In these circumstances, we refuse permission to apply for judicial review against the Secretary of State on the ground of alleged breach of the Claimant's rights under Article 8, and we decline to certify any point of law of general public importance. It follows that we refuse permission to appeal.

Another legal hearing, soley on points of law, on which the learned Judges have virtually no scope for interpreting things in Gary's favour, due to the catch all wording and the political unwillingness of the Labour Home Secretaries to stand up for British justice when they had the opportunity to do so during the bureaucratic Extradition Act 2003 Part 2 Extradition to Category 2 territories legal process.

Note that there were only opportunities to make written legal submissions on "points of law" in this hearing, and no actual forensic evidence or witnesses or the facts of the case against Gary were examined by the Judges or the prosecution or defence lawyers.

What now ? Another attempt to appeal to the European Court of Human Rights in Strasbourg ? On what grounds ?

The European Court of Human Rights refused to hear the previous attempt to appeal under Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment), back in August 2009.


See the Human Rights Act 2000 Schedule 1 The Articles:

[...]

Article 3 Prohibition of torture

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

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Article 8 Right to respect for private and family life

1 Everyone has the right to respect for his private and family life, his home and his correspondence.

2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

[...]


ECHR Press Release: European Court of Human Rights refuses request for interim measures by Gary McKinnon

Press release issued by the Registrar

European Court of Human Rights refuses request for interim measures by Gary McKinnon

On 29 July 2008, Gary McKinnon lodged an application with the European Court of Human Rights (application no. 36004/08). He complains principally under Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment) about the conditions of detention he would face if convicted in the United States of America.

The Government of the United States have sought his extradition from the United Kingdom to stand trial on charges of fraud-related activity in connection with computers. He is alleged to have gained unauthorised access to military computers in the United States from his home in the United Kingdom.

Mr McKinnon sought interim measures under Rule 39 of the Rules of Court to prevent his extradition to the United States while the Court considered his application.

On 12 August 2008 the Acting President of the Chamber to which the case has been allocated decided to indicate to the Government of the United Kingdom, under Rule 39 of the Rules of Court, that the applicant should not be extradited to the United States before midnight on 29 August 2008. This was in order to allow the Chamber to examine the request at the earliest opportunity, namely at its meeting on 28 August 2008.

On 28 August 2008, the Chamber decided to refuse the applicant's request for interim measures.

Mr McKinnon has therefore been informed that the Court will not prevent his extradition to the United States.

Under Rule 39 of the Rules of Court the Court may indicate to the parties any interim measure which it considers should be adopted in the interests of the parties or of the proper conduct of the proceedings before it.

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Further information about the Court can be found on its Internet site (http://www.echr.coe.int).

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.

The European Court of Human Rights Press release:

EUROPEAN COURT OF HUMAN RIGHTS

582

12.08.2008

Press release issued by the Registrar

European Court of Human Rights temporarily grants request for interim measures by Gary McKinnon

On 29 July 2008, Gary McKinnon lodged an application with the European Court of Human Rights (application no. 36004/08). He complains principally under Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment) about the conditions of detention he would face if convicted in the United States of America.

The Government of the United States have sought his extradition to stand trial on charges of fraud-related activity in connection with computers.

Mr McKinnon sought interim measures under Rule 39 of the Rules of Court to prevent his extradition to the United States while the Court considered his application. On 12 August 2008 the Acting President of the Chamber to which the case has been allocated decided to indicate to the Government of the United Kingdom, under Rule 39 of the Rules of Court, that the applicant should not be extradited to the United States before midnight on 29 August 2008. This was in order to allow the Chamber to examine the request at the earliest opportunity, namely at its meeting on 28 August 2008.

Under Rule 39 of the Rules of Court the Court may indicate to the parties any interim measure which it considers should be adopted in the interests of the parties or of the proper conduct of the proceedings before it.

***

Further information about the Court can be found on its Internet site (http://www.echr.coe.int).

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.

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It is not clear from this Press Release exactly which of the Sections of the Court will make up the 7 Judge Chamber.

If they decide to allow the case to go forward, then it may either be decided by them, or they may pass it on to the 17 Judge Grand Chamber.

The list of all of the available Judges and their brief biographies is available on the Composition of the Court web page.

ITN News report that Hacker wins extradition delay

But his solicitors announced he had won a stay until August 28 by the European Court of Human Rights.

[...]

A brief statement said he has been granted "interim relief" until that date "for his application to be heard before the full chamber Presidents of the European Court Human Rights will hear his application, before the full Chamber, on 28th August 2008.

A Chamber of the ECHR consists of 7 Judges (more details about who these are likely to be later)

The European Court of Human Rights website: http://www.echr.coe.int

Address details:

European Court of Human Rights
Council of Europe
67075 Strasbourg-Cedex
France

Tel: +33 (0)3 88 41 20 18
Fax: +33 (0)3 88 41 27 30

The House of Lords Judgment dismissed Gary McKinnon's appeal against extradition to the USA, is now available online:

McKinnon (Appellant) v Government of the United States of America (Respondents) and another

The lead Opinion, which the other four Law Lords agreed with, was written by Lord Brown of Eaton-under-Heywood, who served until last year April 2006, as the Intelligence Services Commissioner, so he is steeped in the Whitehall culture of "partnership" with the US Military and intelligence agencies.

Gary's solicitors have applied to the European Court of Human Rights (ECHR) in Strasbourg for interim relief. This could be decided on within ten days or twenty days.

One point of law being put to the ECHR is the same as Babar Ahmad i.e. the risk of being subjected to Guantanamo Bay style military or special category justice, and the other point is the threats that were made against Gary.

N.B. comments are now closed on this thread, as over 300 comments are quite cumbersome unless you have a fast internet connection.