ECHR rejects UK appeal in Gillan and Quinton

The European Court of Human Rights has rejected the United Kingdom’s application to appeal to the court’s Grand Chamber its decision in the Gillan and Quinton case that stop and search powers enacted as part of anti-terrorism legislation breached human rights law.   The court’s refusal renders the decision final.

The Home Secretary has already announced an “urgent review” of the powers after the recent admission by the Home Office that thousands of individual searches had been conducted illegally. The Government may  however choose to ignore the decision, although binding, and argue that the stop and search powers fall within its margin of appreciation for deciding which anti-terrorist laws are best to protect the public.

(h/t UK Human Rights Blog)


2 Responses

  1. […] significant pressure recently to repeal the powers. The European Court of Human Rights recently held that the powers violate the right to respect for private life guaranteed by Article 8 of the […]

  2. […] May said she had taken urgent legal advice and consulted the police since the Strasbourg ruling was confirmed as final last Wednesday. “In order to comply with the judgment, but avoid pre-empting the […]

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