A bit like news of a wayward celebrity, judgments from the European Court of Human Rights are now awaited with a mixture of trepidation and excitement. Whatever are those crazy unelected judges going to do next? Will this be the latest ‘Judgment day” for the enfant terrible of Strasbourg?

Yesterday the court released three judgments involving the UK. All three were about controversial issues: extradition, murder sentencing and terrorist deportation. The UK triumphed in the first two but failed in the third, although for surprising reasons. None of the judgments are ‘final’, in that the parties can still attempt an appeal to the court’s Grand Chamber if they wish. The rulings were:

  • Othman (Abu Qatada) v The United Kingdom – Deportation of suspected terrorist Abu Qatada to Jordan would breach his Article 6 rights to a fair trial as any criminal trial would be likely to rely upon evidence obtained under torture. His Article 3 claim failed, however, as the court trusted in diplomatic assurances that he would not be tortured. This is the first time the court has ruled that Article 6 should prevent a deportation (for more, click here).
  • Harkins and Edwards v The United Kingdom – Article 3 rights of two men indicted for murder in the US would not be violated if they were extradited despite risking risked death penalty or sentences of life imprisonment without parole (see the court’s press release).