Issue 50 August 2010 - Human Rights Stop Press: Deportation, Cadder

Deportation

The Supreme Court has continued to make its mark in the human rights field. In HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010]UKSC31, two gay asylum seekers from Iran and Cameroon won their fight against deportation after the Supreme Court ruled that they have the right to asylum in the UK.

Agreeing with the Home Office, the Court of Appeal had found both men could conceal their sexuality to avoid the risk of being persecuted and neither had a, “well-founded fear of persecution ”which entitled them to protection under the UN Convention on Refugees. This argument did not find favour with the Supreme Court, however. Lord Hope said: “To compel a homosexual person to pretend that his sexuality does not exist or suppress the behaviour by which to manifest itself is to deny him the fundamental right to be who he is.”

Cadder

Awaiting judgment in the Supreme Court is the case of Cadder v HM Advocate. This is an appeal from the High Court of Justiciary. The issues are whether the use of:

(i) material obtained in a police interview without legal representation; and

(ii) dock identification, in the criminal proceedings in which the Appellant was convicted, rendered his trial unfair contrary to art.6ECHR.

The appellant was convicted of assault and breach of the peace. At trial, the prosecution led evidence which the appellant provided while being interviewed by police without a lawyer being present. There was also a dock identification. The outcome of the case is keenly awaited as if a finding of a breach of art.6 is made it could lead to a considerable number of appeals as well as the need to secure legal aid for representation at all police station interviews.