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Big Wullie

Scottish Human Rights Centre

I was told the following from the Scottish Human Rights Centre:

The role of the European Court of Human Rights is a very important one as the judgments of the Court are legally binding on the State Parties who must take measures to rectify the problem. This means more than simply granting compensation.    

Compensation, or “just satisfaction” as it is called,  is usually very small and not the main point of the judgment. The State has to actually remedy the breach, and make sure that it doesn’t happen again to that individual or to anyone else.

As  I mentioned, The Committee  of Ministers has the power to supervise the implementation of judgements which you can read about here.

           
http://www.coe.int/t/dghl/monitor...ion/Presentation/Pres_Exec_en.asp

            http://www.coe.int/t/dghl/monitor...ecution/presentation/about_EN.asp


Very importantly, under Section 2 of the Human Rights Act 1998, domestic courts need to take account of the judgments of the European Court of Human Rights.

How well does this sit with the following judgement:

http://www.scotcourts.gov.uk/sear...e8aa6-8980-69d2-b500-ff0000d74aa7

Where at paras 53-54 the court says this:
Quote:

Ultimately the aggrieved prisoner may achieve a remedy from the Strasbourg court which is in itself unenforceable in the UK.

Quote:

Nor are we persuaded that European or human rights material as yet untranslated into domestic legislation


Human rights in Scotland we have none.

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