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25 September 2008
Issue: 7338 / Categories: Features , Public
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Human rights update

Susan Nash discusses cases involving expulsion, education and adoption

Rule 39 of the Rules of Court provides that the European Court of Human Rights (ECtHR) may order interim measures if it is in the interests of the parties, or considered necessary for the proper conduct of proceedings. In August 2008, Mustafa Kamal Mustafa (Abu Hamza) sought interim measures under r 39 to prevent his extradition to the US, which he complains would be in breach of Art 3 because he risks a life sentence without parole. He is due to stand trial in the US on charges relating to hostage-taking, conspiracy to create a terrorist training camp, and assisting acts of terrorism in Afghanistan.

His request was granted and the UK government informed that the applicant should not be extradited before the ECtHR had an opportunity to consider the matter.

Similarly, Gary McKinnon, who allegedly gained unauthorised access to military computers in the US from his home in the UK, requested interim measures to prevent his extradition to the US. He complains that, if convicted, conditions in detention would breach Art 3. His request was refused

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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