European Court of Human Rights round-up
01 March 1996
Cases declared admissible include:
* Andronikou and Constantinou v Cyprus (25052/94): Applicants are the family of a couple killed by security forces who were called to deal with a domestic dispute. They complain of violations of Art 2 (right to life) and Art 6 (fair trial) because they have no money to take proceedings against the security forces.
Cases referred to the Court by the Commission include:
* Nsona v Netherlands: Detention and deportation of 9-year-old Zairean girl brought to the Netherlands by a relative. Commission held no violation of Art 3 (inhuman or degrading treatment) or of Art 8 (respect for family life). (Press release 498, 12.10.95)
* Doorson v Netherlands: Conviction of alleged drug dealer by use of anonymous witness statements. Commission held no violation of Art 6 (fair trial). (Press release 524, 24.10.95)
* Gregory v UK (22299/93): Black youth convicted by majority after judge refused to make further inquiries into note by jury alleging racism among them, or to discharge jury. Commission held no breach of Art 6 (fair trial).
* Findlay v UK: Court martial of soldier suffering from post-traumatic stress disorder. Commission found breach of Art 6 (fair trial). (Press release 634, 18.12.95)
* Bouchelkia v France: double jeopardy; An Algerian national in France from age two, deported under 'urgent' procedure 1990 after conviction of rape with violence and theft; returned 1992 illegally. Commission held that his deportation did not violate Art 8 (respect for family life). (Press release 634, 18.12.95)
* Domenichini v Italy: Opening and reading prisoner's correspondence, including letters to lawyers. Commission found breach of Art 8 (respect for correspondence). (Press release 634, 18.12.95)
* Laskey, Jaggard and Brown v UK: Applicants convicted of consensual sado-masochistic activity. Commission found no violation of Art 8 (respect for private life). (Press release 629, 13.12.95)
Cases heard by the Court include:
* Somali applicants v France: Four Somali asylum-seekers detained for three weeks in the `international zone' of Orly airport, Paris. Commission found (15:10) no violation of Art 5 (liberty). (Migration News Sheet February 1996)
* Benham v UK: Applicant denied legal aid and imprisoned for non-payment of poll tax alleges breaches of Art 5 (liberty) and Art 6 (fair trial). (Press release 589, 22.11.95)
* Remli v France: At trial of Algerian-born French citizen for intentional homicide, the court refused to make official record of racist remark of a juror. Applicant alleges breach of Art 6 (fair trial). (Press release 583, 21.11.95)
* Saunders v UK: Ernest Saunders forced to answer questions during Department of Trade and Industry investigation under Companies Act, on pain of imprisonment. He alleges law violates Art 6 (fair trial). Independent 20.2.96
Judgments of European Court of Human Rights include:
* Ribitsch v Austria: Ill-treatment of Applicant, a criminal suspect, on his arrest by Vienna Federal Police constituted inhuman and degrading treatment in violation of Art 3). Award of damages made. (Press release 608, 4.12.95)
* Court ruled that power of Home Secretary to detain young persons indefinitely was in breach of Art 5 (liberty). The government will be forced to review the detention of about 230 young people from age ten to eighteen, detained `at her Majesty's pleasure' after conviction for murder. (Independent 22.2.96)
* Murray v UK: denial of access to lawyer for 48 hours to person held on suspicion of terrorist offences violated Art 6 (fair trial) but drawing of adverse inference from exercise of right to silence did not. (Independent 9.2.96)
* Acquaviva v France: four-year delay which frustrated proper investigation of the killing of the Applicant's son, an alleged Corsica National Liberation Front member, was not a violation of Art 6 (fair trial), although Art 6 extended to the investigative stages<