Sentences with phrase «detention of»

Cease the continuing arrests and detention of lawyers for reasons related to the performance of their professional functions

Another problem that seems to be spreading within the court system is that of the unlawful detention of defendants whom the court has ordered be released upon acquittal, suspended sentence, or bail.

The charges were dropped against both Hamdan and Omar Khadr in 2007 because the CSRT classified him as an enemy combatant, whereas the commission only allowed detention of alien «unlawful» enemy combatants.

He can also seek the release from detention of a person he believes has been — or now is — wrongly confined.

However, the detention of aliens must still be compatible with the overall purpose of Art 5, which safeguards the right to liberty.

That study found that, since 2011, Canada has housed more than 200 Canadian minors in detention in Toronto's Immigration Holding Centre, alongside hundreds of formally detained non-Canadian children, and its authors recommended that Canada implement alternatives to the detention of children rather than confining them in immigration detention facilities or separating them from their detained parents.

These policies are consistent with the provisions of the Immigration and Nationality Act (INA), which provide for mandatory detention of such aliens and allow me [Secretary John Kelly, DHS] or my designee to exercise discretionary parole authority pursuant to section 212 (d)(5) of the INA only on a case - by - case basis, and only where parole is in the interest of the United States for urgent humanitarian reasons or significant public benefit.

The firm regularly advises clients such as MV Christina, Densan Shipping and MT Alpine Magnolia on wrongful seizure and detention of vessels.

He argued that the ASD demand was not lawful because it was made 10 minutes after the time of driving (indicated on page 1 of the Report as 2:40 a.m.) He pointed my attention to R. v. Cleaver, in which Mr. Justice Dhillon stated that the detention of a driver by the police for 8 to 11 minutes before an ASD demand was made was contrary to the Charter of Rights and Freedoms.

In some circumstances, concerns about public safety or attendance in court could be addressed by supervision in the community rather than detention of an accused.

In these circumstances, seeking the detention of an Indigenous accused should remain an exceptional measure unless the release of the accused would jeopardize the safety and security of the victim or the public.

The Claimants were all police officers involved in the arrest and detention of Babar Ahmad in 2003.

«The government has compounded these by rejecting most of the UN's recommendations for improvement, including a commitment to retain the standards laid down in the Human Rights Act, and restrictions on the detention of children to bring the UK into line with its international obligations.»

«These delays erode witnesses» memories of events, unfairly prolong preventative detention of accuseds, and undermine the credibility and legitimacy of the institution,» the judge told Quebec City's Le Soleil.

There are also significant legal issues surrounding the detention of persons without any charges.

, under which the interim detention of an accused may be ordered where that is necessary to ensure the attendance of the accused in court or to guarantee the protection or safety of the public.

«In these circumstances, seeking detention of an indigenous accused should remain an exceptional measure unless the release of the accused would jeopardize the safety and security of the victim or public,» the new policy said.

One notable example is A v UK (2009) 49 EHRR 29, [2009] All ER (D) 203 (Feb), where the ECtHR held that the detention of terrorist suspects based «solely or to a decisive degree on closed material» always amounts to a breach of procedural fairness as guaranteed by the European Convention on Human Rights)(ECHR)[220].

The European Court of Human Rights has held that the detention of an individual following his breach of a civil contact order, where he had no legal representation, did not violate his rights under Article 5, ECHR (Right to Liberty and Security of Person).

The European Court of Human Rights (ECHR) held in a judgment issued today, 22nd December 2008, that the continued detention of Vasily Aleksanyan by the Russian authorities is «unacceptable».

In many respects the changing attitude toward international law, headed by the House of Lords under the unmistakable leadership of Lord Bingham, has provided an example for other national courts (NCs) to follow, starting in 2004 with the so - called Belmarsh Detainees judgment, that stunning 8 - 1 majority declaration that found the detention of foreign suspected terrorists incompatible with the Human Rights Act.

A passenger who placed something in the trunk of a vehicle had a reasonable expectation of privacy to have standing to challenge the search of the vehicle, but the detention of the occupants and the vehicle was not unconstitutional due...

Immigration law varies from country to country and can be the subject of very high profile international cases relating to various topics such as the legality of detention of immigrants and the legal status of aliens without a nationality.

In addition, BDS has a highly successful in - house federal court practice, and has litigated dozens of habeas corpus petitions challenging the wrongful detention of immigrants, including the Second Circuit's landmark decision in Lora v. Shanahan.

Our work also extends to the legislative sphere, including submissions regarding proposed federal legislation regarding the detention of individuals who are found to be Not Criminally Responsible.

If the parties can not agree, the Crown will let the presiding Judge or Justice of the Peace know that he or she is seeking the detention of the accused person on one of the three grounds in the Criminal Code: i) the primary ground (that the accused will not attend for court and could flee the jurisdiction), ii) the secondary ground (that the accused is a public safety risk and there is a substantial likelihood he or she will reoffend while out on bail), and iii) the tertiary ground (that the public will lose confidence in the administration of justice should the accused person be released).

Lena is a national expert on immigration enforcement by local police, and she has spent years supporting organizers and lawyers around the country to fight unfair and often illegal detention of immigrants, and to push for pro-immigrant local policies.

In January 2011, following a three - day trial in district court, Hughes Hubbard secured dismissal of the claim against the City, and won a jury verdict clearing Det. Brockmann of any culpability for the detention of Bernshtein at Central Booking.

The full report, «The Indefinite Detention of «Enemy Combatants»: Balancing Due Process and National Security in the Context of the War on Terror,» is available here.

On the other hand, if you keep the ball, you are committing the tort of detinue (wrongful detention of another person's goods when the owner has requested their return) and they can sue you for whatever damage you have done to them; the cost of a new ball probably.

The Mental Health Act 2007 prospectively amended the Mental Capacity Act 2005 (MCA 2005) to create a scheme for authorising the detention of persons under MCA 2005.

In other words, he argues the continued detention of Omar Khadr is contrary to international law.

In its analysis, the appeals panel looked to the analogous cases of Cook v. Optimum, 130 Ill.App.3 d 180 (1984) and In re Detention of Duke, 2013 IL App (1st) 121722.

Re N: Chris was instructed on behalf of the Claimants in this arbitration concerning claims under the vessel's war risks insurance arising out of the prolonged detention of the vessel in St. Petersburg.

It is most often used in cases dealing with detention of would - be immigrants; prisoners; children; and persons with mental disability.

Charter violations were found in the failure to provide a fair hearing; failure to provide timely review of detention of foreign nationals.

Prior to coming to the Bar, Pearl was at United Nations High Commissioner for Refugees and provided legal advice to practitioners on asylum law and policies in the UK; reviewed conditions of detention of asylum seekers, including unaccompanied minors, in accordance with UNHCR's guidelines; and represented UNHCR at the 20th Assembly session on the adoption of a resolution.

The Court of Appeal ruled «the extended detention of defendant was unreasonable where the court could not say that the entire period of defendant's detention was justified by government interests made... Continue reading Important Court of Appeal Decision Regarding Prolonged Detention of Third Party During Probation Compliance Search

Steen et al. v. Islamic Republic of Iran et al. 2013 ONCA 30 International Law — Sovereignty — Incidents of — Immunity — Exceptions — Proceedings relating to commercial activity of foreign state — Acta gestionis Between 1982 and 1988, Iran directed the kidnapping and detention of 18 American citizens in Beirut, Lebanon, for the purpose of collecting a ransom.

The second question was whether or not, if the secretary of state had acted unlawfully in that manner, it followed that the detention of an IPP prisoner after the expiration of the minimum term was unlawful.

Would you agree that the essential language of authority is in (1.1)(2): «The Immigration Division may order the detention of a permanent resident or a foreign national if it is satisfied that the permanent resident or the foreign national is the subject of an examination or an admissibility hearing or is subject to a removal order and that the permanent resident or the foreign national is a danger to the public or is unlikely to appear for examination, an admissibility hearing or removal from Canada.»

However, detention of IPP prisoners who have completed their tariff terms is not unlawful of itself.

President Erdogan should respect this clause, provide transparent evidence for the detention of individual judges or reinstate them.

His capture was followed by the detention of 21 Filipino UNDOF observers by rebels, which forced the mission to scale back patrols along a ceasefire line between the Israeli - occupied Golan Heights and Syria.

Politically motivated prosecutions and detention of political opponents,... [more]

the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

Officers also have the discretion to seek the detention of a charged individual.

This allowed the detention of certain aliens without charge.

Street checks are police instigated stops in high - crime neighbourhoods, and the reason the tactic has received so much recent media attention is because it usually results in arbitrary detention of citizens.

Section 270 (1) of the Criminal Code provides every one commits an offence who assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or assaults a person who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or with intent to rescue anything taken under lawful process, distress or seizure.