Europe: In the courts:
01 January 1994
European Commission/Court of Human Rights
Cases going to Strasbourg: Ernest Saunders, former chairman of Guiness, is alleging that Department of Trade and Industry powers to take compulsory statements is an interference with the right to silence and thus breaches the fair trial provisions of Art 6. Gay rights group Stonewall claims that the current age of consent in the UK (21) discriminates against homosexuals and is in breach of Art 8 (right to private life) and 14 (non-discrimination). Alan Reeve, who escaped from Broadmoor and has been declared fit and sane in the Netherlands, is fighting extradition to the UK where he will be returned to Broadmoor and claims that deportation and subsequent reincarceration will infringe Arts 3 (guarantee against inhuman or degrading treatment) and 5 (respect for liberty and security of person).
Cases dealt with at Strasbourg July-December 1993
The Commission declared admissible(the court will hear these cases):
McCann and others v UK (No 18984/91): killing of three members of Provisional IRA in Gibraltar gave rise to complaints of excessive and unjustified force and that the law on lethal force is vague and inadequate contrary to Art 2 (right to life).
D v Sweden (No 21649/93): the threatened expulsion of a Peruvian who claims he was tortured in Peru and is a suicide risk as a violation of Art 3 (inhuman or degrading treatment).
N v France (No 19465/92): foreign deaf-mute with criminal convictions, who has lived in France since aged 4 and has close relatives there: threatened expulsion alleged violation of Arts 3 and 8 (right to respect for family life).
CG v France (No 17261/90): refusal of family visits to illiterate detainee for first 13 months of detention on remand: alleged breaches of Arts 3, 8, 10 and 13 (effective remedy).
Kay v UK (17821/91) involved a patient recalled to a psychiatric hospital after completing a prison sentence. Complaint of illegal deprivation of liberty contrary to Art 5(1).
Goodwin v UK (No 17488/90): journalist fined £5,000 for contempt of court for refusing to reveal his source, complained of interference with freedom of expression contrary to Art 10,
inhibiting sources of information. It communicated to the UK government an application (No 21656/93 v UK) concerning the drawing of inferences from an accused's refusal to give evidence in his defence.
It declared inadmissible:
SK v UK (No 19599/92): Casement Park trial; complaints of violations of Art 6 (fair trial): bias (judge who heard bail applications judged substantive case in Diplock (no-jury) court; prejudicial presentation of evidence (screens used to hide witnesses from accused), treatment as principal on "common purpose" ground, and mandatory life sentence: ill-founded.
The Commission found violations in the following cases:
H v Switzerland (No 17549/90): Failure of authorities to provide clean clothing and medical care after arrest violated Art 3.
B v UK, Maxwell v UK (Nos 18711/91 18949/91): refusal of legal aid for criminal appeal (Scotland) so that appellant had to conduct appeal in person: violation of Art 6(3)(c) (refusal of legal aid).
K, Z and S v Netherlands (No 18535/91): the inability to obtain legal recognition of the natural father's paternity of a child born when the mother was married to another man: violation of Art 8 (right to respect for private life).
K v Austria (Series A, Vol 255-B): refusal to testify in criminal trial for fear of self-incrimination incurred fine and imprisonment: failure to respect right to remain silent was violation of Art 10 (freedom of expression).
Vereinigung Demokratischer Soldaten ™sterreichs and Gubi v Austria (No 15153/89): ban on distribution of soldiers' magazine in vicinity of military barracks violated Art 10.
Jersild v Denmark (No 15890/89): Conviction of journalist on charge of aiding and abetting dissemination of racist remarks after his TV interview