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Human Rights In Scotland ? Think Again

Human Rights In Scotland ?

Think Again..................................

Here is a couple of Extracts from a recent appeal which shows Scottish Courts are not interested in Human Rights:

[53] It will be seen that in these circumstances the aggrieved prisoner makes an application to the European Court of Human Rights in Strasbourg (not a UK court) seeking vindication of rights arising directly from the Convention (not from domestic legislation such as the Human Rights Act 1998 or the Scotland Act 1998 or from Scots common law shaped by the Convention). The application is processed by the registry department of the Strasbourg court. The aggrieved prisoner may receive legal aid from the Strasbourg court. Ultimately the aggrieved prisoner may achieve a remedy from the Strasbourg court which is in itself unenforceable in the UK.

[54] In our opinion, for the reasons given above, the petitioner's request for additional legal advice and assistance cannot be categorised as seeking "advice ... on the application of Scots law" (section 6(1)(a)(i)) or "advice ... as to any steps which ... might appropriately [be taken] having regard to the application of Scots law" (section 6(1)(a)(ii)) or "assistance ... in taking [such] steps" (section 6(1)(b)). Nor are we persuaded that European or human rights material as yet untranslated into domestic legislation.

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Sincere thanks to all those who have supported Shirley and challenged miscarriages of justice on this forum.