Friday, April 20, 2012

Theresa May Be Right

Theresa May is getting a lot of flak from all sides regarding Abu Qatada's rearrest. Officials at the European Court of Human Rights (ECHR) allowed Abu Qatada to submit an appeal against their ruling, 3 months and a day previously. However, May has been advised he had 3 months from the date of the ruling to submit an appeal. So, she had him arrested in preparation for deportation back to his home country of Jordan.

Big mistake, we're are being told by government critics and newspaper and television journalists desperate to find more evidence for their narrative that the government is incompetent. But this document suggests otherwise...


http://www.echr.coe.int/NR/rdonlyres/DA180F75-F341-4617-9CB2-8392A62B74FA/0/2011_Note_sur_la_pratique_du_collège_GC_EN.pdf

The relevant passage being...

“In this connection, it is to be noted that the period of three months within which referral may be requested starts to run on the date of the delivery of the judgment, irrespective of whether the party concerned may have learned about it at a later stage. It expires three calendar months later and is not interrupted by bank holidays or periods of judicial recess. The request for referral should reach the Registry of the Court before the expiry of the above-mentioned period.”


Perhaps a quick call between the Home Office and the ECHR could have confirmed the date. But then, with guidance like this, perhaps the view was that the position was clear.

 

No comments:

Post a Comment