R v Benbrika & Ors (Ruling No 20) [2008] VSC 80 (20 March 2008) The applicants had been charged with terrorism-related offences under the Commonwealth Criminal Code.They applied to have the trial stayed on grounds of unfairness, arguing the conditions of their incarceration and of their transport to and from Court each trial day were increasingly affecting their capacity to properly defend the charges against them.

Budayeva v Russia [2008] ECHR 15339/02 & Ors (20 March 2008) The European Court of Human Rights held that the Russian Federation violated its positive obligation to protect the right to life under art 2 of the European Convention on Human Rights by failing to:establish legislative and administrative frameworks to deter any threat to the right to life; andprovide an adequate judicial response following alleged infringements of the right to life.

Animal Defenders International, R (On The Application of) v Secretary of State For Culture, Media and Sport [2008] UKHL 15 (12 March 2008) In this decision, the UK Court of Appeal held that a ban on political advertising can be compatible with art 10 of the European Convention on Human Rights.

Zealand v Minister for Justice and Constitutional Development and Another [2008] ZACC 3 (11 March 2008) This decision of the South African Constitutional Court concerns whether the imprisonment of a remand prisoner in maximum security custody deprived him of liberty arbitrarily or without just cause.

Guneser v Magistrates' Court of Victoria & Anor [2008] VSC 57 (5 March 2008) In a recent decision of the Supreme Court of Victoria, Habersberger J considered the extent to which the rights protected under the Victorian Charter apply to the acts and decisions of public authorities that are connected with a judicial proceeding.

Kafkaris v Cyprus [2008] ECHR 21906/04 (12 February 2008) The Grand Chamber of the European Court of Human Rights has recently considered the scope and application of art 7 of the European Convention on Human Rights, which provides that no person shall be subject to a ‘heavier penalty than the one that was applicable at the time the criminal offence was committed’.

Commonwealth v Davis Samuel Pty Ltd [No 3] [2008] ACTSC 76 The ACT Supreme Court has missed an opportunity to consider the meaning of the right to a fair hearing in s 21(1) of the Human Rights Act 2004 (ACT) in the context of an application for adjournment of a civil matter based on reasons including lack of legal representation.

Brooke & Ors, R (on the application of) v The Parole Board & Anor [2008] EWCA Civ 29 (1 February 2008)The UK Court of Appeal has held that the Parole Board does not possess the necessary independence required by art 5(4) of the European Convention on Human Rights.  This decision may be relevant to a determination under s 24 of the Victorian Charter as to whether a court or tribunal is ‘competent, independent and impartial’.

Seachange Management Pty Ltd v Bevnol Constructions & Developments Pty Ltd & Ors (Domestic Building) [2008] VCAT 1479 The Victorian Civil and Administrative Tribunal has allowed an application to reconstitute the Tribunal, on the basis that a respondent to the proceedings would not receive a fair hearing before a particular Tribunal Member.  The Tribunal’s decision stated that the Charter has reinforced the positive duty of courts and tribunals to provide assistance to litigants in person.

Occupiers of 51 Olivia Road, Berea Township and 197 Main Street, Johannesburg v City of Johannesburg CCT 24/07 [2008] ZACC 1 (19 February 2008) ‘Human beings are required to be treated as human beings.’

Pankiewicz v Poland [2008] ECHR 34151/4 (12 February 2008) In this case, the European Court of Human Rights considered the legality of:detaining a mentally ill prisoner pending transfer to a psychiatric hospital; andthe length of pre-trial detention

Smith v Chief Constable of Sussex Police [2008] EWCA Civ 39 (5 February 2008) In this decision, the UK Court of Appeal held that a claim in negligence against the police for failing to protect life should have regard to the duties imposed and standards required by art 2 of the European Convention on Human Rights.