Vasiliauskas v Lithuania (European Court of Human Rights, Grand Chamber, Application No 35343/05, 20 October 2015) The European Court of Human Rights has reversed the conviction of a former Lithuanian state security agent on charges of genocide in the case of Vasiliauskas v. Lithuania no. 35343/05. In a 9:8 split between the 17 judges of the Grand Chamber, the Court examined the definition of the crime of genocide. Specific attention was given to the question of what constitutes genocide of a 'part' of a group.

Mammadov v Azerbaijan (European Court of Human Rights, Grand Chamber, Application No 60259/11, 15 October 2015)The European Court of Human Rights found that the arrest and conviction of peaceful pro-democracy protesters in Azerbaijan was in bad faith and breached the right to freedom of peaceful assembly.

Gahramanli and Others v Azerbaijan (European Court of Human Rights, Chamber, Application No 36503/11, 8 October 2015)The European Court of Human Rights has recently confirmed that Azerbaijan, in its 2010 parliamentary elections, failed to comply with its European Convention on Human Rights obligations to hold elections under free and fair conditions, and to ensure that individual electoral rights can be exercised effectively. This was not due to a factual finding that there had been electoral irregularities, but rather due to the failure of Azerbaijani authorities to adequately address the applicants’ ‘serious and arguable’ complaints of irregularities. 

The Government of the United States of America v Giese [2015] EWHC 2733 (Admin) (07 October 2015)The UK High Court found that a District Court judge was correct in refusing to extradite Mr Alan Giese to the United States, where he faced serious charges of sexually assaulting a teenage boy. The appeal was pursuant to section 105 of the Extradition Act 2003 (UK) and was lodged by the United States’ Government. The relevant question hinged on the application of Article 5 of the European Convention on Human Rights (ECHR) and whether the civil commitment for serious sex offenders laws in California breached this provision.

McCloy v New South Wales [2015] HCA 34On 7 October 2015, the High Court upheld the constitutional validity of NSW laws which imposed caps on political donations, banned donations from property developers and prohibited indirect campaign contributions. The Court held that the laws did not impermissibly burden the implied freedom of political communication.

Charmaine Naidoo v Minister of Police (20431/2014) [2015] ZASCA152 (2 October 2015)In the recent decision the Supreme Court of Appeal of South Africa overturned a decision of the High Court of Johannesburg to hold that the Minister of Police was vicariously liable for the wrongful conduct of certain members of the South African Police Service towards a domestic violence victim.

Dlanjwa v The Minister of Safety and Security [2015] ZASCA 147The Supreme Court of Appeal of South Africa (SCASA) found that the Plaintiff, who was shot by her husband in her family home, was entitled to damages against the Minister of Safety Security and the Station Commander of Ngangelizwe Police Station (Mthantha) for their failure to properly investigate and act on the Plaintiff’s complaints that her husband was abusing her and owned a gun that he had repeatedly used to threaten her with violence and death.

R v KRJ [2016] SCC 31 (21 July 2016)The Supreme Court of the Northern Territory has upheld the right to liberty by excluding evidence of offences committed after a legal, but improper, arrest by police officers for drinking in a public place.

Inquest into the death of Luke Geoffrey Batty [2015] Coroners Court of VictoriaCommonwealth, Royal Commission into Family Violence, Report and Recommendations (2016)Luke Geoffrey Batty (Luke) was killed by his father, Gregory Anderson (Mr Anderson), on 12 February 2014. An inquest was held into Luke’s death in late 2014. The inquest did not focus on the immediate cause of Luke’s death – this was plain on the facts. The State Coroner, Judge Gray, instead investigated the interactions that Luke and his mother (Ms Batty) had with the family violence system in Victoria in the 18 months prior to Luke’s death. Judge Gray found that no one person or organisation caused or directly contributed to Luke’s death. However, his Honour did recognise some systemic flaws and made a number of recommendations for improvement.

Fertility Control Clinic v Melbourne City Council [2015] VSC 424 (26 August 2015)On 26 August 2015, Justice McDonald of the Victorian Supreme Court handed down judgement in a case concerning the local government’s duties to remedy harmful activities of anti-abortionists outside an East Melbourne fertility clinic. His Honour found that although the Melbourne City council (the council) has a duty to remedy nuisances under the Public Health and Wellbeing Act 2008 (Vic) (the Act) and that the anti-abortionists’ activities may constitute a nuisance, nonetheless in this case there had been no actual or constructive failure by the council to perform its duties under the Act.

Inspector (Mahila) Ravina v Union of India W.P.(C) 4525/2014, 6 August 2015In Inspector (Mahila) Ravina v Union of India, the High Court of Delhi held that the Central Reserve Police Force’s (CRPF) denial of promotion to a CRPF female inspector owing to her pregnancy violated the individual’s right to personal liberty and equality in matters of public employment under the Constitution of India (Constitution).

Bare v IBAC [2015] VSCA 197 (29 July 2015)On 29 July 2015, the Court of Appeal, by majority, allowed an appeal by Nassir Bare against a decision of a single judge of the Supreme Court. The trial judge upheld the original decision of the Director (Director) of the Office of Police Integrity (OPI) not to investigate a complaint against a member of Victoria Police of cruel, inhuman or degrading treatment. The Court of Appeal quashed the Decision and ordered the Independent Broad-based Anti-corruption Commission (IBAC) – which has since replaced the OPI – to reconsider Mr Bare's complaint in accordance with the Charter of Human Rights and Responsibilities Act 2006 (Charter).