March 2020

The EU and the Quest for Solidarity towards Asylum Seekers

On 4 March 2020 Dr Rossella Pulvirenti from Liverpool John Moores University together with Dr Elena Gualco, University of Bedfordshire, presented on the topic above at the CRiL Research Seminar.

Moving from a theoretical analysis of the meaning of ‘solidarity’, the presentation questioned how the concept has been and is currently implemented within the Common European Asylum System (CEAS).

While the word ‘solidarity’ has been and is constantly used in many normative instruments (Dublin III regulation above all), as well as in several decisions adopted by the Court of Justice of the European Union, it seems that such concept only apply to the relationship among State when dealing with migratory issues. Both the reception mechanisms and the allocation of responsibility rules stress the importance of solidarity to urge Member State to do their share in dealing with requests of asylum and in supporting those Member States which are typically more impacted by migratory flows.

Against this backdrop, the presentation enhanced the idea that the right to asylum is a human right and argued the need for the European Union to shift its approach within the CEAS, acknowledging that solidarity should be promoted towards the treatment of asylum seekers as well.

February 2020

The Disappearing Trial – The Global Spread of Plea Bargaining and its Impact on Human Rights and the Rule of Law

On 26 February 2020 we welcomed guest speaker Jago Russell, Chief Executive of Fair Trials, to one of our CRiL Research Seminars.

Fair Trials is a charity situated in a human rights context with an aim to carry out do campaigning and advocacy concerning the terrible implications of injustice. Historically working across Europe, Fair Trials recently extended its mission to the US, and a global criminal justice watchdog focused on advancing fair trial rights in criminal cases.

Moving from the US (97% of Federal convictions result from plea deals) as a case-study, Jago Russell's presentation questioned the issue of ‘plea deals’ and their compliance with human rights. A recent survey carried out by Fair Trials in 90 countries around the world, showed that plea bargaining (also known as trial waiver systems) has been gradually but constantly growing in over la last decade. For a number of various reasons, many countries that traditionally did not have anything of a sort into place, have now introduced such possibility into their jurisdictions.

The most worrying and compelling issue on ‘plea deals’ relates to the possibility – currently foreseen in a number of countries across the world – to totally exclude fair trail and other dependent human rights, anytime where such deals are accepted. While some virtuous countries still require a jurisdictional body to check the facts and the evidence of the case (e.g. Germany), the vast majority of States do not implement any sort of safeguard to make sure that plea deals are willingly taken and not coerced in the first place, and that the facts and evidence are not completely unreasonable vis-à-vis an admission of guilt.

December 2019

Dr Andreas Yiannaros presents recent developments on conscientious objection to military service in European jurisprudence

Dr Andreas Yiannaros has recently presented a paper on the latest jurisprudence of the European Court of Human Rights on conscientious objections to military service at Nottingham Trent University. The presentation formed part of a yearly conference on freedom of religion, entitled 'Flashpoints on Religion and the Law'. The conference took place in Nottingham on 16 December 2019 and was organised by the Centre for Rights and Justice. The conference covered broader issues around religious intolerance, displacement, emigration and persecution in the legal and public discourse.

Andreas’ presentation opened up the first thematic group of the conference (Conscientious Objection stream) and assessed the importance of the landmark decision in Bayatyan v Armenia where the Grand Chamber of the European Court of Human Rights clarified that the imposition of criminal sanctions for the refusal to perform military service on grounds of genuine conscientious objection is now to be regarded, in and of itself, a violation of the individual’s right to manifest their religious or moral beliefs. Andreas explained that the Court’s recent jurisprudence, eight years on since Bayatyan, forms the basis of a clearer identification of positive obligations for states that move beyond the mere recognition of conscientious objection to military service as an integral aspect of Article 9 ECHR.

CRiL Director takes part in expert meeting on extraterritorial detention

On 13 December 2019 Dr Silvia Borelli took part in an expert consultation on extraterritorial detention, convened in Geneva by the Office of the UN High Commissioner on Human Rights (OHCHR). The roundtable brought together experts in international human rights law and international humanitarian law to discuss and consider deprivation of liberty in detention facilities located outside of the territory of States and its implications for the protection of human rights, as part of OHCHR’s work in support of the ongoing consideration by the Human Rights Council of the integrity of the justice system.

Power to the People? Public Spaces Protection Orders Hybrid Law and Human Rights

When an individual’s criminal or sub-criminal behaviour cannot be prosecuted, an alternative means by which such conduct might be regulated is via a civil preventive order (CPO). These powers impose considerable restrictions and/or obligations upon individuals which, whilst being administered as civil powers, carry criminal sanctions if violated.

On 4 December 2019 we welcomed guest speaker Dr Ben Stanford, Assistant Professor in Law at Coventry University, whose paper examines one of the more recently established powers of this kind – Public Spaces Protection Orders (PSPOs). These powers deal with a particular problem in a particular area that is “detrimental to the local community’s qualify of life, by imposing conditions on the use of that area”.

In this research seminar Dr Stanford explained that PSPOs differ significantly from pre-existing CPOs. Firstly, they are imposed by local authorities alone, without court supervision, and without any particular burden of proof in respect of any individual wrong-doing. As these powers are administered locally and lack judicial scrutiny, it is almost inevitable that the powers will be used inconsistently, and perhaps discriminately, on ideological grounds. As such, the imposition of PSPOs raises questions over procedural fairness.

Secondly, PSPOs differ from pre-existing CPOs as they are spatial in nature, rather than targeting specific individuals. They can potentially regulate the conduct of unspecified individuals, irrespective of any individual wrong-doing, on a universal basis in a geographical area. Such blanket bans may facilitate the emergence of localised tolerance thresholds, as certain conduct may be prohibited in one area, whilst remaining lawful elsewhere. As such, the substantive fairness of PSPOs can be questioned.

Dr Ben Stanford's paper argues that PSPOs can be seen, simultaneously, as an evolution and devolution of the “preventive state”. Whilst PSPOs add to the existing range of CPOs, they depart from established practices, by conferring significant discretion upon local authorities without judicial supervision. Despite empowering communities and having the appearance of democratisation, PSPOs represent a potentially dangerous devolution and politicisation of hybrid law-making.

November 2019

Dr Barbara Sonczyk delivers lecture on international crimes against peacekeepers at annual meeting of Norwegian military prosecutors

On 20-22 November 2019 Dr Barbara Sonczyk travelled to Oslo at the invitation of the Norwegian Military Prosecution Authority to deliver a presentation on the international legal framework governing the protection of peacekeeping missions at the annual meeting of military prosecutors. The meeting is an annual closed event which brings together experts and practitioners from a range of Norwegian institutions, including the Higher Prosecution Authority, the National Criminal Investigation Service, the Ministry of Defence, the Norwegian Defence University College, the Military Police, Norwegian Red Cross, and the State Accident Investigation Board.

In her presentation, Barbara focused on the war crime of attacking peacekeeping missions under the Rome Statute of the International Criminal Court and crimes against peacekeepers under the Convention on the Safety of United Nations and Associated Personnel, as well as the challenges to the prosecution of these offences. During her visit to Oslo, Barbara also delivered an open lecture on crimes against peacekeepers at the Norwegian Society for Military Law and the Law of War.

September 2016

CRiL PhD student, Ben Stanford, presents paper on "Closed Material Proceedings" at St Mary's University, Twickenham

On 6 September 2016, Ben Stanford presented a paper at the "Law and Culture: (In)visibility" conference at St Mary's University, Twickenham. Ben's paper was entitled '"Taking Blind Shots at a Hidden Target": Assessing the Implications and Justifications of Closed Material Procedures'. The paper drew upon Ben's PhD research to explore the increasing use of closed material procedures (CMP) in the British legal system, and the implications for the right to a fair trial. Ben also considered some of the rationale which has underpinned the normalisation of CMP. The conference was well-attended by academics and practitioners, and featured lively debate on many topical issues.

Dr Andreas Yiannaros presents paper at the "Approaches to Inequalities Conference" at the University of Northampton

On 22 June 2016 Dr Andreas Yiannaros presented a paper at the "Approaches to Inequalities Conference" at the University of Northampton. The conference had a progressive focus on how to address inequalities in all their forms and to seek positive contributions that go beyond merely recognising the existence of inequalities. Contributions came from varied academic disciplines, practitioners and third-sector organisations. Andreas argued that religious manifestations and the progressive legal recognition of non-conventional relationships constitutes an ‘explosive mix’ of rights and freedoms and considered whether the concept of ‘reasonable accommodation’ may, in certain circumstances, amount to legitimising discrimination. The conference was attended by more than 60 professionals in the field of equality and the panel discussion received positive responses by attendees.

April 2016

CRiL hosts seminar on LGBT parenthood

Professor Chiara Vitucci of the University of Naples II delivered a seminar on "LGBT parenthood in the case law of the European Court of Human Rights". The research seminar examined the case law of the European Court of Human Rights and the use of the margin of appreciation doctrine in relation to LGBT parenthood. The seminar was chaired by Dr Andreas Yiannaros who specialises in human rights, and in particular on matters of freedom of thought, conscience and religion and its relationship with non-discrimination and equality.

CRiL hosts major seminar on the "Arctic Sunrise" arbitration featuring three expert speakers in the field

A former CRiL visiting fellow, Dr Maria-Chiara Noto, returned to the University of Bedfordshire to chair a special seminar on "Acts of Protest at Sea: The Implications of the 'Arctic Sunrise' Arbitration". The seminar featured three expert speakers who each brought a unique perspective to the debate. Jasper Teulings (Greenpeace International) spoke first and commented on his experience during the arbitration and the human rights implications of the incident. Professor Lorenzo Schiano Di Pepe (University of Genova) then analysed the UN Convention on the Law of the Sea and discussed the measures that States can legitimately adapt. Finally, Simon Olleson (13 Old Square Chamber) picked apart several of the more complex legal issues during the arbitration.

March 2016

Ruth Bergan (Trade Justice Movement) and Baiju Vasani (Jones Day) deliver CRiL seminar

Ruth Bergan of the Trade Justice Movement and Baiju Vasani of Jones Day (London) delivered a CRiL seminar on the "ISDS and TTIP". The investor-state dispute settlement mechanism (ISDS) is a regular feature of bilateral investment agreements, but its possible inclusion in the proposed Transatlantic Trade and Investment Partnership (TTIP) has drawn much controversy. The two speakers took generally opposing positions on the merits of ISDS which provoked a stimulating debate afterwards.

February 2016

Edward Mowlam of the University of Bradford delivers CRiL seminar

Edward Mowlam of the University of Bradford delivered a CRiL seminar on "Brexit, Citizenship and the Free Movement of People". Given the upcoming referendum on the United Kingdom's membership of the European Union, the topic was very timely and the seminar was well attended by staff and students. The seminar peered into a small part of the legal penumbra and asked what, if anything, might replace the current model of EU citizenship and free movement of people as it pertains to the UK, and what the subsequent effect might be on EU citizens resident in the UK, and vice versa.

January 2016

The Law Clinic reopens for 2016 and features in the local news

In January 2016, the Law Clinic of the School of Law reopened for its second year, aiming to build upon the success of 2015. The local news published a short article on the relaunch.

December 2015

Professor Jon Silverman of the RIMAP delivers CRiL seminar

Professor Jon Silverman of the Research Institute for Media, Arts and Performance (RIMAP) delivered a CRiL seminar on the "The Justice Conundrum : redressing human rights abuses in Africa". The seminar was chaired by Narissa Ramsundar of the School of Law. It was well attended by staff and students and addressed a number of recent developments in international criminal justice.

October 2015

Refugee Legal Assistance Project wins award in recognition of its achievements

Read the full article: Refugee legal aid project wins award

June 2015

Dr Andreas Yiannaros included in Council of Europe pool of external experts

In June 2015, Dr Andreas Yiannaros was included in pool of external experts to the Council of Europe's Sexual Orientation and Gender Identity (SOGI) unit.

February 2015

BBC 3 Counties interview members of the Refugee Legal Assistance Project

In February 2015, Dr Silvia Borelli, Ash Ali and a refugee from Zimbabwe were interviewed on BBC 3 Counties to discuss the recent success of the RLAP.

December 2014

The Refugee Legal Assistance Project relaunches for the 2014-15 academic year

The Refugee Legal Assistance Project (RLAP) has returned for the 2014-15 academic year and will build upon the success achieved in its inaugural year.

July 2014

CRiL hosts Workshop on Access to Justice in the Asylum Process

On 3 July 2014, CRiL hosted a workshop on access to justice in the asylum process. The event was well attended and featured presentations from academics, lawyers and practitioners. A report on the Workshop is available online.

Read the full article: CRiL Workshop on Access to Justice in the Asylum Process

CRiL success in funding bid to launch research project: Asylum and Access to Justice in the United Kingdom

A team of CRiL academics and doctoral students have recently been successful in a funding bid to undertake a research project on 'Asylum and Access to Justice in the United Kingdom', which aims at exploring the obstacles which refugees, asylum seekers and failed asylum seekers encounter in accessing the judicial system in the United Kingdom. The project, which will take shape throughout 2014, will build on the information and insights gathered through the Refugee Legal Aid Project, with the aim of providing an up-to-date and accurate picture of the detrimental impact which the current cuts to legal aid have had and are likely to have in the future upon individuals belonging to these particularly vulnerable groups.