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Right to Liberty

European Court finds that UK breaches right to liberty due to six-month delay

V.M. v the United Kingdom, Application No. 49734/12

The European Court of Human Rights found that part of an individual’s detention prior to deportation violated the right to liberty under Article 5 of the ECHR.  The applicant entered the UK illegally in 2003 with her son.  Shortly afterwards she was charged with and pleaded guilty to child cruelty.  She was granted bail after which she absconded for two years.

Deportation, ECHR Art. 5, Right to Liberty

Denial of right to legal representation does not violate Article 5

Hammerton v. the United Kingdom, Application no. 6287/10

The European Court of Human Rights (ECtHR), by a majority of 4 to 3, has held that detaining an individual following his breach of a contact order, where he had no legal representation did not violate his right to liberty and security of person.

Criminal Law, ECHR Art. 13, ECHR Art. 5, ECHR Art. 6, Family Law, Right to Fair Trial, Right to Liberty

Delayed deportation of German former prisoner renders detention unlawful

Reuter’s (Hans) Application [2012] NIQB 6

The Northern Ireland High Court has ruled that the failure of the UK Borders Agency (UKBA) to deport a German national within a reasonable timeframe rendered the man’s detention unlawful.The man had completed a prison sentence in Northern Ireland on 20th June 2011 but was not deported to Germany until 25th June 2011.  In the interim period he was detained in the prison for a further night and then at a number of different immigration removal centres in Scotland and England.  The delay resulted from “an in-country escort administrative error” (the company contracted by the UKBA to escort the man went to the wrong prison) and his flight had to be rescheduled.

Deportation, ECHR Art. 5, Northern Ireland High Court, Right to Liberty