Cases: International Human Rights Law

A(FC) v secretary of state

Fact:  Under s.23 of the Anti-terrorism, Crime and Security Act 2001, terrorist suspects were detained indefinitely without trial who could not be convicted (due to insufficient evidence). Under the act, a person can appeal to the Special Immigration Appeals Commission (SIAC). Under Rule 44(3), the commission can receive evidence that would not be admissible in court….

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Akda v. Turkey (2010)

Facts: The applicant had translated a 1999 erotic novel that contained sadomasochism and vampirism into Turkish. The government fined him under the criminal code and seized his book as they believed it was obscene and immoral.  Issue: Was his freedom of expression violated? Held: Yes, although states have a margin of appreciation for what they…

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Althammer v Austria

Fact: Austria had abolished household benefits. The complainants claimed that the removal affected them more as a retired person than it affected active employees.  Issue: Was the removal discriminatory?  Held: In this case, there was no violation of art.26 ICCPR. However, they stressed that art.26 does extend to indirect discrimination.  

Beyeler v. Italy case (ECtHR, 2000)

Facts: There is an Italian law that requires any transaction transferring full or partial possession of any work of historical or cultural works to be reported to the Italian Ministry of Cultural Heritage. Mr Beyeler bought a Van Gohn painting, but the seller did not make a declaration with Mr Beyeler as the buyer. Subsequently,…

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Bucur v Romania

Fact: Mr John was an employee at the Romanian intelligence services. He had noticed an irregularity with the authorisation recordings conducted in his place of employment. He eventually brought this information to the public and was subsequently dismissed and taken to court. In court, he asked the prosecution to provide evidence that shows that the…

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