Court : House of Lords
Decided on : Dec-16-2004
..... guarantee equality between citizens and non-citizens in the enjoyment of these rights to the extent recognized under international law; 4. under the convention, differential treatment based on citizenship or immigration status will constitute discrimination if the criteria for such differentiation, judged in the light of the objectives and purposes of the convention, are not applied pursuant to a legitimate aim, and ..... several important points, but for present purposes it is sufficient to note three points: (a) article 3's prohibition on torture is absolute, and chahal could not be returned to india; (b) his detention during the protracted litigation, lengthy though it was, was not unreasonable or unlawful, but he could be detained only so long as his deportation was the end ..... reasons of a political nature, namely the international fight against terrorism. he resisted deportation on the ground (among others) that, if returned to india, he faced a real risk of death, or of torture in custody contrary to article 3 of the european convention which provides that "no one shall be subjected to torture ..... indian citizen who had been granted indefinite leave to remain in this country but whose activities as a sikh separatist brought him to the notice of the authorities both in india and here. the home secretary of the day decided that he should be deported from this country because his continued presence here was not conducive to the public good for .....Tag this Judgment!
Court : House of Lords
Decided on : Jul-22-2004
..... convention, to which italy is a party, has been "enacted in the italian legal order", according to professor roberto baratta and professor andrea giardina. moreover, article 111 of the italian constitution provides that jurisdiction is exercised through fair trial ("giusto processo") as regulated by the law. the italian courts were accordingly specifically obliged to ensure that the procedure was sufficient to ..... satisfy the terms of article 6 of the convention, as well as article 111 of the italian constitution. the decision in pellegrini is therefore in my opinion dependent on the particular effect of the concordat, and is not authority for the conclusion which the appellant's counsel ..... an appeal in this court when she has repeatedly refused to abide by prior court orders, removed herself to the united kingdom (beyond our reach), and renounced her united states citizenship." 11. the respondent government seeks in these proceedings to register the confiscation order under section 97 of the criminal justice act 1988, with a view to enforcing it by process ..... 767,754, plus a further sum for costs and expenses. 8. in august 1983 the appellant left mr barnette and subsequently remarried, being now mrs montgomery. she renounced her us citizenship in april 1992 and moved to london in may 1992, with the intention of taking up residence there. she became a citizen of st kitts and nevis in june 1994 .....Tag this Judgment!
Court : House of Lords
Decided on : Jun-17-2004
..... ) and (1967) (cmd 3906) ("the refugee convention") was not satisfied by either appellant. they appealed to immigration adjudicators on the alternative ground that their removal to their own countries would constitute a breach of article 9 of the european convention on human rights. article 9 contains guarantees of freedom of thought, conscience and religion. the adjudicators and first instance judges decided ..... i)." the refugee convention 32. three related matters were not discussed by the court of appeal but were raised in oral argument. the first was the link between what could constitute persecution under the refugee convention and fundamental rights under the echr. specifically, a question was raised about the extent to which human rights may inform the meaning of persecution. in ..... , para 47. the notion of jurisdiction is essentially territorial. however, the ecthr has accepted that in exceptional cases acts of contracting states performed, or producing effects, outside their territories can constitute an exercise of jurisdiction by them within the meaning of article 1 of the echr: calan v turkey (2003) 37 ehrr 238, 274-275, para 93; bankovic v belgium ( ..... state party itself may be in violation of the covenant." this is also the approach which the supreme court of canada adopted when it said in suresh v minister of citizenship and immigration  1 scr 3, paragraphs 53-54 (a torture case): "53. we discussed this issue at some length in burns  1 scr 283. in that case, the .....Tag this Judgment!