Human Rights Case Summaries

Right to Fair Hearing and Legal Representation in Disciplinary Proceedings

Lam Siu Po v Commissioner of Police [2009] HKCFA 24 (26 March 2009)

In a case relating to the validity of a statutory bar to legal representation in police disciplinary proceedings, the Court of Final Appeal of Hong Kong established the following principles:

the right to a fair hearing in art 10 of the Hong Kong Bill of Rights can apply to disciplinary proceedings; and
the right to a fair hearing requires that a disciplinary tribunal consider permitting the respondent to be legally represented. Excluding the possibility of a tribunal from exercising such discretion will be inconsistent with art 10.

MichelleBennett26 March 2009Foreign Policy, Human Rights Law & Institutions, Police

Police Powers, Crowd Control and the Right to Liberty and ProtestKHL 5 (28 January 2009)

Austin & Anor v Commissioner of Police of the Metropolis [2009] UKHL 5 (28 January 2009)

In this case, the House of Lords dismissed an appeal by a woman claiming that her right to liberty was breached as a result of police crowd control measures in central London.

MichelleBennett28 January 2009Police, Democratic Freedoms

Right to Life and Use of Force by Police

Leonidis v Greece [2009] ECHR 43326/05 (8 January 2009)

In the case of Leonidis v Greece, the European Court of Human Rights considered art 2 of the European Convention on Human Rights in the context of the police shooting of an 18 year old male (Victim).

MichelleBennett25 January 2009Police

Protection of Children and Vulnerability to Ill-Treatment

E (a child), Re (Northern Ireland) [2008] UKHL 66 (12 November 2008)

In this case, the House of Lords decided that a police response to sectarian unrest in Northern Ireland did not constitute a breach by the State of its positive obligation to prevent the infliction of inhuman and degrading treatment upon its citizens under art 3 of the European Convention on Human Rights.

Baroness Hale discussed how the special vulnerability of children impacted upon the State’s obligations under article 3.

MichelleBennett25 November 2008Child Rights, Police

Obligation to Investigate Allegations of Ill-Treatment

Kalamiotis v Greece, Communication No 1486/2006, CCPR/C/93/D/1486/2006 (5 August 2008)

The Human Rights Committee has found that the State party breached art 2(3) (adequacy of remedy), when read with art 7 (torture and other prohibited treatment), of the ICCPR, by failing to ensure that complaints about mistreatment by police officers were adequately and satisfactorily investigated by competent authorities.

MichelleBennett6 August 2008Police, Prisoner Rights

Obligations of Police to Protect Life

Hertfordshire Police v Van Colle [2008] UKHL 50 (30 July 2008)

In this case, the House of Lords considered the applicability of the leading right to life case, Osman v United Kingdom (1998) 29 EHRR 245, in which the European Court set out the obligations on member states in relation to the right to life.

MichelleBennett25 July 2008Police

Duties of Police Include Positive Action to Promote Right to Life

Smith v Chief Constable of Sussex Police [2008] EWCA Civ 39 (5 February 2008)

In this decision, the UK Court of Appeal held that a claim in negligence against the police for failing to protect life should have regard to the duties imposed and standards required by art 2 of the European Convention on Human Rights.

MichelleBennett5 February 2008Police

UK Court of Appeal Considers Positive Obligations Arising from Right to Life

Van Colle & Anor v Hertfordshire Police [2007] EWCA Civ 325 (24 April 2007)

The UK Court of Appeal has held that the right to life imposes a positive obligation on responsible authorities to take reasonable steps to safeguard the lives of those in their jurisdiction as against known and immediate risks.

MichelleBennett26 April 2007Police, Human Rights Law & Institutions

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