Use of pepper spray and restraints on a prisoner amounts to inhuman and degrading treatment

Tali v Estonia (European Court of Human Rights, Chamber, Application No 66393/10, 13 February 2014)

The European Court of Human Rights has held that the use of restraints and pepper spray on a prisoner in Estonia amounted to inhuman and degrading treatment, in violation of the European Convention on Human Rights. Pepper spray should never be used in confined spaces or against prisoners who have already been brought under control. Restraints can only be justified to avoid self harm or serious danger to other individuals or prison security.

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MichelleBennettPrisoner Rights
Failure to adequately investigate claim of excessive police force a violation of ECHR

Gramada v Romania (European Court of Human Rights, Chamber, Application No 1497/09, 11 February 2014)

The European Court of Human Rights has found that the failure by Romanian authorities to adequately investigate whether a police officer who shot Mr Gramada in the thigh had used excessive force was violation of the prohibition on torture, inhuman or degrading treatment (article 3, European Convention on Human Rights).

The Romanian authorities and courts had concluded that the police officer was justified in using force in the circumstances, even though his actions were disproportionate to the threat he faced, because he thought he was being threatened by armed men, and was scared and confused. However, the ECtHR noted that this conclusion was based on acceptance of the police officer’s testimony despite its inconsistency with other evidence, and highlighted serious flaws in the investigation, including the failure to obtain a ballistics report, and the failure to reconstruct the events on-site, which was normally standard procedure in these kind of cases. In these circumstances, the criminal investigation that had been conducted did not provide sufficient redress for the violation of Mr Gramada’s rights under article 3. 

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MichelleBennettPolice, Human Rights Law & Institutions
Failure to protect from sexual abuse constitutes violation of freedom from inhuman and degrading treatment

O'Keeffe v Ireland (European Court of Human Rights, Grand Chamber, Application No 35810/09, 28 January 2014) 

The Grand Chamber of the European Court of Human Rights found that the State of Ireland failed in its obligation to protect the applicant from sexual abuse she suffered as a child in an Irish National School and therefore violated her rights under article 3 (prohibition of inhuman and degrading treatment) and article 13 (right to an effective remedy) of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). This case is not concerned with the responsibility of the perpetrator, but rather with the responsibility of the State, and whether the State ought to have been aware of the risk of sexual abuse of minors in Irish National Schools at the relevant time and whether adequate legislative protection was in place.

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MichelleBennettChild Rights, Human Rights Law & Institutions
Bail conditions in Victoria must comply with human rights

Woods v DPP [2014] VSC 1 (17 January 2014)

The Supreme Court of Victoria has made its first decision on the 2013 amendments to the Bail Act 1977 (Vic) regarding conditions of bail. The Court held that it is necessary to pay careful attention to proposed bail conditions when determining whether bail should be granted and that conditions must be formulated to meet the individual circumstances of the case taking into account the applicant’s human rights.

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MichelleBennettDemocratic Freedoms, Prisoner Rights
UK High Court allows proceedings against Google for privacy breaches

Vidal-Hall & Ors v Google Inc [2014] EWHC 13 (QB) (16 January 2014)

The High Court of Justice has allowed a group of claimants to issue legal proceedings in the UK against US-based Google Inc in regards to the tracking and collation of information about their internet usage. Justice Tugendhat held that the UK courts had jurisdiction to hear the claims and that there is a tort of “misuse of private information”. 

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MichelleBennettPrivacy
Aboriginal customary adoptions given the same legal status as legal adoptions in Canada

Beattie v Aboriginal Affairs and Northern Development Canada [2014] CHRT 1 (10 January 2014)

The Canadian Human Rights Tribunal has held that in determining lineage for Indian status entitlements, customary adoptions should be recognised. In coming to this conclusion, the Tribunal provided much needed guidance on what amounts to a “service” under anti-discrimination law, reversing its previous views that registration of status was not a service.

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MichelleBennettDiscrimination & Equality, Aboriginal & Torres Strait Islander Peoples' Rights
Mandatory imposition of father’s surname on children of married parents is discriminatory

Cusan and Fazzo v. Italy [2014] ECHR (7 January 2014)

The European Court of Human Rights found that the official practice of automatically giving a child his/her father’s surname, even when the parents have agreed to give their child its mother’s surname, is a form of sex-based discrimination that is incompatible with the European Convention of Human Rights.

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MichelleBennettDiscrimination & Equality