Tariq v United Kingdom: Closed Material Procedures Green-Lit by European Court

Lewis Graham, PhD Student at Pembroke College, Cambridge.

The First Section Committee recently handed down its Decision in Gulamhussein and Tariq v the United Kingdom (Application Nos. 46538/11 and 3960/12) (hereafter “Tariq v UK”). It acts as a de facto appeal from a UK Supreme Court decision handed down seven years ago, and sees the European Court of Human Rights returning to the thorny issue of Article 6 protections in the context of closed material procedures. The takeaway point is this: the ECtHR has clarified the position of its previous case law, and in doing so has ultimately approved the UK courts’ approach to Article 6 in the context of closed material procedures. Continue reading

Regner v. Czech Republic: has the European Court of Human Rights forgotten the fair trial rights when national security is at stake?

By Andrea Preziosi, University of Birmingham

On 19 September 2017, the Grand Chamber of the European Court of Human Rights delivered a controversial judgment concerning the extent of fair trial rights in relation to the withholding of information on grounds of national security.

Facts

The case began with an application lodged by Mr Regner, a Czech citizen who had worked for the Ministry of Defence in different high-profile posts and had his security clearance revoked on the basis of information provided by the intelligence service. Continue reading