header-logo header-logo

The NLJ Column

13 April 2007 / John Cooper KC
Issue: 7268 / Categories: Blogs , Public , Human rights , Constitutional law
printer mail-detail

The jurisprudential gold standard needs to be revisited

Following the release of the British sailors from Iran, there has been considerable interest in why the Navy personnel condemned British involvement in Iraq and made admissions of their alleged incursions into Iran’s waters. The reason the sailors gave was that they had been tortured. The details of this ‘torture’ ranged from hearing carpentry outside their cells (implicitly linked to manufacture of their coffins), being told they would never see their children again, and, terrifyingly, being told they looked like Mr Bean.

Minimum severity threshold

There are some who sympathise with the sailors when clearly a degree of intimidation forced them to appear craven on world television. But loose use of the word torture is misleading.

It is becoming very difficult to establish a finding of torture in the European court according to European Convention on Human Rights jurisprudence and the word should not be used lightly. The threshold created to filter lesser claims of human indignity, somewhat short of torture, known as

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll