May 17, 2012
Justice, Police state, Protesting, The Rule of Law
Aung San Suu Kyi, European Court of Human Rights, Habeas Corpus, John Pilger, Nelson Mandela, Richard Nixon, United States, WikiLeaks
This article by John Pilger is pretty frightening unless it triggers some feelings of outrage in you and you act on these kind of premises:
- the US have launched a permanent war and a police state is consuming Western democracy
- in Britain, on instructions from the CIA, secret courts are to deal with “terror suspects”. Habeas Corpus is dying.
- as the law is politicised and Americanised, travesties are not untypical.
May the web and the net help us – besides the conscience that, I think, we are all born with!
June 14, 2011
Advocacy, Campaigning, Judges, judicial remedy, Justice, Law Enforcement, Miscarriage of justice, Police harassment, Public Interest, Taking the Law in our Own Hands, The Rule of Law, The rule of money
Crown Prosecution Service, European Convention of Human Rights, European Court of Human Rights, France, Her Majesty's Courts Service, Hip replacement, Medical record, National Health Service, NHS, Royal College of Veterinary Surgeons, Rule of law, South Wales, South Wales Police, Stephen Glover
Maurice Kirk’s saga is enshrined in a room full of files. No comparison to Mr Ebert’s suitcase of documents!…
Recently Maurice followed Mr Ebert’s model of WANTED posters to pinpoint those judges whose judgments have affected his life most detrimentally.
In the light of what judges do in family courts, Stephen Glover wrote Judges are unelected, out of touch and shockingly arrogant.
Recently, Maurice and I completed this text as a summary of his odyssey and he said “this is still worth breathing for” – at 66, recovering from a hip replacement carried out in France, for the NHS refused to release the medical records without which his surgical team wouldn’t operate… More
May 31, 2011
EU, Fundamental Rights Charter, Human Rights Convention
Council of Europe, European Convention on Human Rights, European Court of Human Rights, European Union, European Union law, Human rights, Human Rights Act 1998, Member State of the European Union
Dear Ms McNeill,
Thank you for your reply of 2 December 2010 in which you emphasise that you are not looking for the Commission to intervene on individual cases but rather you are asking the Commission to close the gap between the EU Fundamental Charter for Human Rights and the UK Human Rights Act 1998.
As a matter of principle, the Commission’s powers regarding acts and omissions by Member States are limited to overseeing the application of Union law, under the control of the Court of Justice (cf. Article 17(1) TEU). The Commission would recall that, according to Article 51(1) of the Charter of Fundamental Rights, the provisions of the Charter are addressed to the Member States only when they are implementing Union law. For this reason, the Commission is not in a position to address the relation between the UK Human Rights Act and the Charter.
Anyone who considers that any of her or his fundamental rights have been violated may lodge a complaint with the Council of Europe’s European Court of Human Rights (Council of Europe, 67075 Strasbourg-Cedex, France). Please note, however, that the Court may only deal with a matter after all domestic remedies have been exhausted.
Head of Unit
January 20, 2011
Austin Mitchell, Bank of England, European Court of Human Rights, Forum for Stable Currencies, Human Rights Act 1998, Royal Charter
This was the subject line of my newsletter at the beginning of December 2010. It started by:
Hello again, in the Spirit of Tackling the Serious Oppression of the British people,
First of all, many thanks to everybody who’s viewed and signed our latest petition in support of Maurice Kirk and all other victims of financial exploitation and legal oppression. In his indefatigable and adventurous spirit, Maurice has toured Jersey, Guernsey and Alderney to “rattle a few cages” – with a TV programme, newspaper and video reporting. Trying to keep him out of jail, despite a warrant for arrest, is paramount, given his medical condition and the number of false imprisonments he’s endured already.
WANTED: Fair Trials and Compensation – instead of an Effective Remedy before National Authorities – has now reached 153 signatures and over 1,700 page views. The most fascinating reading are the comments that I compiled into a document. Together with the comments to STOP the OPPRESSION of the BRITISH PEOPLE, these are most valuable campaigning documents to refer to, when people pursue their own cases. Especially when communicating with your MP, you can demonstrate how you are far from alone!
December 2, 2010
EU, Fundamental Rights Charter, Human Rights Convention
European Commission, European Court of Human Rights, Human Rights and Liberties
Patrick Cullinane had suggested I take five key cases to Viviane Reding and her EU Commission for Justice.
Unfortunately, they only have an online submission form which I forgot to keep a copy of.
However, I received today this letter from the Directorate General Justice which sends us to the European Court of Human Rights in Strasbourg.
That is, of course, the wrong avenue. For I cannot fight for compensation for five different cases.
But I can fight for closing the gap between the Human Rights as they are supposed to be guaranteed by EU member states, and what the UK Human Rights Act 1998 guarantees.
This Human Rights gap is significant.
October 29, 2010
Human Rights Convention
Council of Europe, European Convention on Human Rights, European Court of Human Rights, European Union, Human rights, Human Rights Act 1998, Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assemby in 1948 and contains 30 Articles.
The European Convention on Human Rights (ECHR) or Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. It entered into force in 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity.
It comprises 18 Articles and 13 Convention protocols.
There are two articles that are significant for victims:
- Article 6 provides a detailed right to a fair trial, including the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, and other minimum rights for those charged with a criminal offence
- Article 13 provides for the right for an effective remedy before national authorities for violations of rights under the Convention.
October 15, 2010
European Court of Human Rights, Justice, The Rule of Law
European Court of Human Rights, Strasbourg
Times 14th October 2010-10-14
Lawyer of the week David Thomas
David Thomas, a solicitor at Hartnells, a South London firm, acted for tenants of Lambeth Borough Council after it brought possession proceedings against them. The leases of the properties they occupied, provided bya charitable housing trust, had been terminated in 1999.
The House of Lords ruled in 2006 against the tenants, saying that they could not use the right to respect for a private and family life under Article 8 of the European Convention on Human Rights as their defence against the properties being repossessed. But the European Court of Human Rights in Strasbourg has now ruled that the law lords’ ruling volated the tenants’ right to respect for their private and family life and homes. They were awarded €2,000 each.