Convict awaits court decision on United Kingdom human rights challenge

A rapist jailed in the United Kingdom and detained in prison beyond the length of his sentence, will find out tomorrow if judges accept that his human rights have been breached.

Abdi v. the United Kingdom (no. 27770/08)

The applicant, Mustafa Abdi, is a Somali national who was born in 1975 and is currently detained in London. Having arrived in the United Kingdom in 1995, his asylum claim was refused, but he was granted exceptional leave to remain until 2000.

In July 1998, he was convicted of a number of offences, including rape, and sentenced to eight years’ imprisonment. His release was foreseen for September 2003, but he remained in detention pending deportation. He complains that his detention, until being released for a short time in April 2007, violated his rights under Article 5 § 1 (right to liberty and security), in particular because of its duration.

Relying further on Article 13 (right to an effective remedy), he complains that he did not have an effective remedy in respect of that complaint. Finally, he complains that his removal to Mogadishu would put him at risk of ill-treatment, in breach of Article 3 (prohibition of torture and of inhuman or degrading treatment).

Human rights judgements in other cases affecting the United Kingdom and Turkey are also expected tomorrow.

H. and B. v. the United Kingdom (nos. 70073/10 and 44539/11)

The applicants, Mr H. and Mr B., are Afghan nationals who were born in 1975 and 1988 respectively and live in London. They arrived in the United Kingdom in October 2008 and April 2011, respectively.

Relying in particular on Article 3 (prohibition of torture and of inhuman or degrading treatment), both applicants allege that, as a result of the Secretary of State’s refusal of their asylum claims, their expulsion to Afghanistan would put them at risk of ill-treatment from the Taliban in reprisal for their past work for the United Nations (Mr H.) and as an interpreter for the United States forces (Mr B.).

Böber v. Turkey (no. 62590/09)

The applicant, Yasin Böber, is a Turkish national who was born in 1977 and lives in Istanbul. He is a taxi driver. In June 2003, he witnessed a dispute between another taxi driver and two police officers. Böber offered to pay the administrative fine which the officers had imposed on his colleague. He alleges that the officers then pushed him to the ground and punched him, and that his leg was broken when he was put in the police car as one of the officers closed the car door on his leg.

Böber complains that his rights under Article 3 (prohibition of torture and of inhuman or degrading treatment) were violated on account of that treatment and because there was no effective investigation into his allegations. He further complains that his rights under Article 6.

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