tag:blogger.com,1999:blog-6110794854146484721.post4141450301923699021..comments2024-03-28T09:08:50.733+00:00Comments on Law and Lawyers: Pesky Time Limits and Abu Qatada - No.2ObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-6110794854146484721.post-74806859340303868182012-06-08T12:08:29.122+01:002012-06-08T12:08:29.122+01:00A SIAC Application for Bail Judgement by Justice M...A SIAC Application for Bail Judgement by Justice Mitting of 28th May 2012<br /><br />http://www.bailii.org/uk/cases/SIAC/2012/15_2005_28_05.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-35098758996138813132012-05-13T14:01:45.797+01:002012-05-13T14:01:45.797+01:00A UK Press release 8139/09 [2012] ECHR 817 was pub...A UK Press release 8139/09 <a href="http://www.bailii.org/eu/cases/ECHR/2012/817.html" rel="nofollow">[2012] ECHR 817</a> was published on 9 May 2012, and essentially reproduces the EDHR press release [<a href="http://www.ein.org.uk/news/european-court-human-rights-blocks-abu-qatada-deportation-jordan" rel="nofollow">ECHR 022 (2011)</a>] of 17th January 2012, except for the footnote 1 referred to in the first paragraph:<br /><br /><i>[1] Under Articles 43 and 44 of the Convention, this Chamber judgment is not final. During the three-month period following its delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.</i><br /><br />So the 'cock-up' of the 'pesky time limits' was just a filibustering, of sorts, to prevent the 'five European judges subjecting the case to further examination'.<br /><br />How handy for those wishing to avoid a gamut of <a href="http://preview.tinyurl.com/bpt9djs" rel="nofollow">uncomfortable</a> <a href="http://preview.tinyurl.com/c59lesd" rel="nofollow">questions</a>.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-73482508450386110562012-05-12T11:40:21.260+01:002012-05-12T11:40:21.260+01:00Has the ECtHR violated Abu Qatada's human righ...<a href="http://www.neurope.eu/blog/has-ecthr-violated-abu-qatadas-human-rights-not-abiding-echr" rel="nofollow">Has the ECtHR violated Abu Qatada's human rights by not abiding by the ECHR? </a>jailhouselawyerhttps://www.blogger.com/profile/03795278184797990706noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-45545245070507880122012-05-11T11:12:12.040+01:002012-05-11T11:12:12.040+01:00...Qatada's attempts to remain in the U.K. wil...<i>...Qatada's attempts to remain in the U.K. will now become a matter for the English courts and it may well be that this litigation will continue for some time to come</i><br /><br />Well, fancy that!<br /><br />The lack of explanation/reasoning is telling....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-38983863688441727392012-05-10T11:00:35.164+01:002012-05-10T11:00:35.164+01:00For once I agree with what Dominic Raab has to say...For once I agree with what Dominic Raab has to say:<br /><br />“Yesterday’s hearing was held in secrecy. The verdict was not written down. Nor did they give reasons. It was just announced by a court lackey. Imagine the uproar if a British court behaved in such an arrogant way” (Daily Express).jailhouselawyerhttps://www.blogger.com/profile/03795278184797990706noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-42254492458300453002012-05-09T22:01:02.300+01:002012-05-09T22:01:02.300+01:00There is no good reason why ANY court - in a democ...There is no good reason why ANY court - in a democratic society - should not set out its reasons for ANY decision. This should apply no matter what the court, the case, the parties. When the Human Rights Act 1998 came into force in October 2000, even the lowly Magistrates' Courts were told that reasons must be given for every decision. For a court as important as the European Court of Human Rights not to give reasons - PUBLICLY - is appalling. Our own Supreme Court is also remiss in terms of reasons for refusing applications to appeal and this ought to be rectified.<br /><br />"Reasons" do not necessarily need to be lengthy. In fact, some reasoned judgments are FAR too detailed. However, the reasons must indicate why the court decided the point the way it did.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-43376878257545040072012-05-09T19:51:40.958+01:002012-05-09T19:51:40.958+01:00I have come around to your way of thinking in rela...I have come around to your way of thinking in relation to reasons should be given. Initially I simply accepted what is stated in the Court's own rules. However, it is arguable that the rule is ultra vires the ECHR.<br /><br />"Article 45 – Reasons for judgments and decisions<br /><br /> Reasons shall be given for judgments as well as for decisions declaring applications admissible or inadmissible".<br /><br />In my view, it is absurd to have two rules covering the same subject which are at odds with each other.<br /><br />Unfortunately, there is no provision within the Council of Europe for applicants or their lawyers to raise the issue. Perhaps, one day the Committee of Ministers or PACE will spot the anomaly.jailhouselawyerhttps://www.blogger.com/profile/03795278184797990706noreply@blogger.com