Human rights and national security

Extract

[...] Human rights and national security I - Introduction 1. When was the principle of the freedom from detention first formally affirmed in English law? : The principle of freedom from detention was formally affirmed in English law with the signing of the Magna Carta in 1215. This document contained the foundation of habeas corpus, protecting individuals from unlawful imprisonment. 2. How could a freeman assert this right? : A freeman could assert the right to not be detained unlawfully through a writ of habeas corpus, which required the authorities to justify the detention in a court of law. [...]

[...] : Article 15 of the European Convention on Human Rights (ECHR) allowed for states to derogate from certain rights in times of emergency, such as during war or national crises. What were states expected to do if they derogated from the convention? : States were expected to ensure that any measures taken during derogation were strictly required by the exigencies of the situation and did not contradict other international obligations. Measures should be proportionate to the emergency and not excessive. [...]

[...] What measures did the government of Ireland take against the IRA? : The Irish government took measures such as interning IRA members without trial, including passing a law in 1940 that allowed for the internment of suspected IRA members, in response to the threat they posed to national security. 5. Why did the Irish government reactivate these measures in 1957? : The Irish government reactivated internment measures in 1957 after the IRA launched its "border campaign", a series of attacks on unionist targets in Northern Ireland, which reignited fears of IRA activity. [...]

[...] What decision did the court come to? : The European Court of Human Rights (ECHR) agreed with the Irish government. It ruled that the internment of Richard Lawless was "strictly required by the exigencies of the situation" and upheld the measures taken. 9. Why did the Irish government take a case against the UK in 1978? : The Irish government took a case against the UK in 1978 due to concerns about the treatment of prisoners, including the use of internment without trial and alleged human rights violations in Northern Ireland during the conflict known as "The Troubles." 10. [...]