R(K) v Secretary of State for the Home Department - JustCite

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R(K) v Secretary of State for the Home Department

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Justis Editorial on 30 August 2011

Duty of Secretary of State to investigate allegations of inhuman or degrading treatment of inmates

The Court of Appeal (Civil Division) handed down judgment in the case of R (AM and others) v Secretary of State for the Home Department 20/03/2009 Times Law Reports on 17th March 2009. The case concerned allegations that inmates at a privately run immigration detention centre had been subjected to inhuman or degrading treatment. This, if found to be true, would offend article 3 of schedule 1 to the Human Rights Act 1998 c. 42.

Allowing the appeal from the lower court, the Court of Appeal found in a majority decision that the allegations were sufficient to engage article 3 and that the defence that the allegations were made too late to cause an investigation was dismissed.

database/2012-05-17T21:59:11.3240838Z/6668580

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