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26 April 2012 / Susan Nash
Issue: 7511 / Categories: Features , Public , Human rights
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Rights under pressure

Susan Nash provides an update on the latest human rights controversies

Relying on Art 8 (right to respect for private and family life) and Art 1 of Protocol No 1 (protection of property), the applicants in Kolyadenko v Russia (App Nos 17423/05, 20534/05, 20678/05, 23263/05, 24283/05 and 35673/05), complained that damage to their property was caused when the authorities released water from a swollen reservoir to prevent a dam burst. According to the applicants, no emergency warning was given. Further, relying on Art 2, the applicants complained that that the authorities had put their lives at risk by releasing the water without any prior warning and by having failed to maintain the river channel. While the European Court of Human Rights (ECtHR) was prepared to accept that the release of water had been unavoidable given the exceptional weather and the risk of the dam breaking, it was not convinced that the flood could be explained only by adverse weather conditions. Although the authorities were aware of the poor state of a river channel, the recommended maintenance measures had not been implemented.

Under the circumstances,

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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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