shirleymckie.myfastforum.org

freethekillie2 · Joined: 27 Apr 2007 Posts: 309

Miscarriages of Justice: Compensation

House of Commons - 22 Nov 2007 : Column 1102W
http://www.publications.parliamen...ext/71122w0021.htm#07112266000055

Gordon Banks: To ask the Secretary of State for Justice how much compensation was paid to those who experienced miscarriages of justice in each year since 1992. [167269]

Maria Eagle: Listed in the following table is the combined total compensation paid under the discretionary and statutory miscarriage of justice compensation schemes since 1999-2000, the earliest year for which data is available.

£million

2006-07 12.87

2005-06 8.27

2004-05 6.45

2003-04 6.25

2002-03 8.12

2001-02 6.17

2000-01 8.05

1999-2000 5.65

Source for this message:
Hansard
mail received!

freethekillie2 · Joined: 27 Apr 2007 Posts: 309

News Service
================

90 'Hostages' won't be home for Christmas

Though 'Hostages' live in overcrowded prisons, they still live in isolation

Once again MOJUK is asking y'all to put your hands in your pockets and send a card/letter to someone who won't be with their families/friends this Christmas. Some of those still inside due to the length of time they have been locked up no longer have families/friends to go to even if they were free to go home.

The strain of separation can through time lead to total separation. Time between visits becomes longer and longer till they stop altogether. Next they get a letter saying their partner wants a divorce or has decided to live with someone else family friends no longer even correspond parents relatives who were visiting die.

MOJUK has divided the 90 'hostages' into 9 lists of 10 and would ask all recipients of this message to ask for at least 1 list.

Just return an email and in the subject line put: Subscribe 1, 2 or 3 lists or as many as you feel you can handle/afford.

John O for MOJUK

PS: If you would like to send a donation to MOJUK, make a cheque out to MOJUK all monies received will only be spent on producing/mailing newsletters to prisoners:

MOJUK
C/0 22 Berners Street
Birmingham
B19 2DR

freethekillie2 · Joined: 27 Apr 2007 Posts: 309

another e-mail received!
Deprived of liberty in the UK & Going to the ECHR

Hi Y'all,
No new is this bulletin, just lots of hard work. You now have a chance to raise many of the injustices you undergo/know about with bodies from the European Union. The *CPT will visit the UK sometime next year and the first part of this bulletin, tells you what you need to do. The following text is a complete guide to taking your/a case to the European Court of Human Rights. Information in both is complete, and MOJUK will not be able to help with any queries.

--------------------------------------------------------------------------------

Deprived of liberty in the UK

CPT to visit UK
In 2008, as part of its programme of regular "periodic" visits, the *European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) intends to examine the treatment of people deprived of their liberty in the UK:

The visit will be unannounced, so will make it difficult for those NGO's/legal profession with concerns to highlight ongoing problems within the Immigration estate/prisons at the time of the visit.

I have asked the CPT and they have said they will not indicate the time of the visit

However, they have said:

Persons in possession of information concerning deprivation of liberty in any of these countries, which they believe could assist the CPT, are invited to bring it to the Committee's attention.

I would think that this would cover all aspects of deprivation of Liberty, including the many problems, within the prison system.

As the visit could be anytime in 2008, prisoners/NGO's/legal profession, should make submissions as soon as possible.

Submissions should be made to:
Secretariat of the CPT
Council of Europe
F-67075 Strasbourg Cedex
France
Tel.: France: 03 88 41 39 39, Int.: +33 3 88 41 39 39
Fax: France: 03 88 41 27 72, Int.: +33 3 88 41 27 72

--------------------------------------------------------------------------------

Taking a case to the European Court of Human Rights

Anyone can apply to the ECHR, you do not need to be legally qualified; applications must be posted/faxed to the court

Liberty Guide to Human Rights
Even though the HRA has now come into force in the UK it is still possible to make an application to the ECHR. There are three key requirements that you must meet:

1. You must be a victim of a violation of one or more of the articles of the Convention. Generally, this means you must be directly affected by a breach of the Convention. In some cases it will be enough to show you are likely to be affected by a breach or that you belong to a group of people, some of whom are likely to be affected. For example, gay men were permitted to challenge laws that criminalized gay sex even though it was unlikely that the individual applicants would ever be prosecuted because the laws were rarely enforced.

2. Before you make an application to the ECHR you must pursue any proceedings that you could take in the UK that are capable of providing you with an adequate remedy for the breach of your Convention rights. Now that the HRA is in force this will generally mean that you will have to take proceedings in the UK under the HRA. This may not be necessary, however, where it is clear that the best you could hope to achieve from taking proceedings under the HRA is a declaration of incompatibility.

3. You must make your application to the ECHR within six months of the conclusion of any court proceedings that you have taken in the UK that could have provided you with a remedy or, if there were no proceedings that it was reasonable to expect you to take, within six months of the event which gives rise to your application.

When you make an application to the ECHR you will be asked to complete one of the ECHR's application forms. However, it is not necessary to fill out one of these forms to meet the six month rule. All you need to do is to get a letter to the court within the six months setting out:

1. Your details (name, address and nationality).
2. The country against which you are making your application.
3. The facts that have given rise to your application.
4. The article or articles of the Convention that you say have been breached.

You should send your letter to:
The Registrar
European Court of Human Rights
Council of Europe
F-67075 Strasbourg Cedex
France
Tel: +33 (0)3 88 41 20 18
Fax: 00 33 3 88 41 27 30

Frequently Asked Questions
When it has received your letter the ECHR will send you one of its application forms to complete. If there is not enough space on the form you can set out your case in a longer document which you attach to the form. It is important that you submit your completed application form within any deadline set by the ECHR or, if no deadline is set, within a few weeks of receiving it. If you do not submit the form speedily you run the risk that the ECHR will decide that you have not met the six month deadline. If you cannot meet any deadline that is set you should contact the ECHR and try to agree an extended deadline.

Once the ECHR has acknowledged receipt of your application form it may be some time (months if not years) before you hear anything further.

At this stage the ECHR may rule your application inadmissible. The ECHR will not give reasons and there is no right of appeal. If your application is ruled inadmissible you will not be able to proceed with it.

If it is not ruled inadmissible at this stage, your application will be allocated to one of the ECHR's four sections. A panel of seven judges from that section will deal with the case. This panel will always include the judge appointed by the United Kingdom. Very significant cases may be dealt with by the ECHR's Grand Chamber. These cases are considered by a panel of seventeen judges. A case could be transferred to the Grand Chamber at any stage in the proceedings.

Your application will also be communicated to the Government at this stage, that is, the Government will be informed that you have made an application and will be invited to respond. You will be given an opportunity to respond to the Government's observations and there may be further exchanges of written representations.

The ECHR will then decide whether your application is admissible. It can rule your application inadmissible if you have failed to meet one of the three requirements set out above or if the ECHR considers that it is 'manifestly ill-founded', in other words, that is not arguable. If the ECHR finds your application inadmissible at this stage it will give reasons, but there is no right of appeal.

If the ECHR finds your application admissible it will then go on to decide whether there has been a breach of the Convention. The ECHR usually refers to this as considering the merits of the application. At this point you have the right to put in a claim for compensation. The ECHR calls this 'just satisfaction'. It should include a claim for legal expenses if you have incurred any. Your claim for just satisfaction should be sent to the ECHR within two months of the ECHR finding your application admissible. Both sides may make further representations before the ECHR decides on the merits of the application.

When the ECHR has made its decision on the merits of your application, you will be notified of the date on which its judgment will be made public. The judgment will be published on the ECHR's website on that day. If the ECHR finds that there has been a breach of your rights it may award you compensation although it does not always do so on the basis that its finding that there has been a breach of your rights is enough.
Once a section of the ECHR has made a final decision on the merits of an application, either party, the Government or the Applicant, can ask to have the application referred to the Grand Chamber. This is the only form of appeal that the ECHR's rules allow for. The Grand Chamber only rarely agrees to a referral. There is no appeal from a final decision made by the Grand Chamber.

Hearings
The ECHR deals with most cases without holding a hearing; it reaches its decisions on the basis of written representations made by the parties. When the ECHR does decide to hold a hearing this will usually take place before the ECHR has decided on the admissibility of the application, although it may also hold a hearing after an application has been found admissible if it has not already held one.

Legal representation
Although you can make an application to the ECHR yourself, it would be wise to get a lawyer experienced in ECHR proceedings to represent you. Most cases are not communicated to the Government (i.e. they are ruled inadmissible at an early stage) and having a lawyer present your arguments for you may help you get over this hurdle.
If the ECHR decides to hold a hearing after it has found your application admissible, the ECHR rules require you to be represented by a lawyer at that hearing unless the ECHR allows otherwise.

Legal Aid
The ECHR has a system of legal aid although the payments which a lawyer receives under the scheme are very low. You can apply for legal aid once your application has been communicated to the Government. It is particularly useful to have legal aid if the ECHR holds a hearing on your case, as legal aid will pay the cost of your and your lawyer's trip to Strasbourg. Eligibility for legal aid will depend on the Legal Services Commission accepting that you would be eligible for legal aid in this country.
If you are not eligible for legal aid, your lawyer may agree to represent you under a conditional fee agreement, that is, on the basis that they will only get paid if you win your case and get your legal costs paid by the Government. However, as very few applications to the ECHR are successful, your lawyer may be reluctant to take this risk. If you lose your case there is no possibility of you being ordered to pay the Government's legal costs.

Source for this message:
MOJUK/CPT/Liberty/ECHR

freethekillie2 · Joined: 27 Apr 2007 Posts: 309

from Mojo gig in london all please add anything on the subject!

http://frictiontv.com/ftv_debate.php?debate_id=2297

http://frictiontv.com/ftv_debate.php?debate_id=2295

and all can have a voice to debate.

http://frictiontv.com/ftv_debate.php?debate_id=2299

Big Wullie · Joined: 25 Apr 2007 Posts: 548 Location: Glasgow

Latest news on conference can be found here:

http://thescotsman.scotsman.com/s...-retreat--set-.4001463.jp#2732073

Comments allowed it seems

kevin donald · Joined: 29 Oct 2007 Posts: 87

http://www.youtube.com/watch?v=PS4isdZG4Tw

http://www.youtube.com/watch?v=DSQKz9H8dQQ&feature=related

http://www.youtube.com/watch?v=BXqImz33pTA&feature=related

http://www.youtube.com/watch?v=lXIJ4EE71Js

PLEASE THINK ONE DAY YOU COULD NEED MOJO SCOTLANDS HELP!