Posts tagged Death Penalty
Australia’s Obligation to Protect People from the Death Penalty

Kwok v Australia, CCPR/C/97/D/1442/2005 (23 November 2009)

The United Nations Human Rights Committee has found Australia to be in breach of its obligations under art 9(1) of the International Covenant on Civil and Political Rights in relation to mandatory immigration detention.  The Committee ruled that 'detention for a period in excess of four years without any chance of substantive judicial review is arbitrary within the meaning of Article 9(1)'.  The Committee also found potential breaches of arts 6 and 7 of the ICCPR if Australia returns the author, Ms Kwok, to China where she will likely face the death penalty.

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MichelleBennettDeath Penalty, Refugee & Asylum Seeker Rights, Prisoner Rights
Torture, the Right to a Fair Trial and Extraterritorial Obligations

R (B Mohamed) v Foreign Secretary [2008] EWHC 2048 (Admin) (21 August 2008)

The England and Wales High Court has held that the UK Government has a positive duty to take steps to ensure that a United Kingdom resident about whom the UK Government had exculpatory material had access to that material for the purpose of defending charges under the US Military Commissions Act of 2006.

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MichelleBennettHuman Rights Law & Institutions, Death Penalty