Orobator v HMP Holloway & Anor [2010] EWHC 58 (Admin) (20 January 2010)

Orobator v HMP Holloway & Anor [2010] EWHC 58 (Admin) (20 January 2010)

The lack of independence and impartiality of the Lao court, even if established, does not by itself constitute a flagrant denial of justice. The threshold for a flagrant denial of justice is extremely high and requires a total nullification of fair trial rights. The claimant's trial, while deficient in several respects, did not reach the level of a flagrant denial of justice as defined by European and domestic authorities. Therefore, her continued detention in the UK is not unlawful under Article 5 ECHR.

Citation
[2010] EWHC 58 (Admin)
Parties
Claimant: Samantha Orobator; 1st Defendant: Governor of HMP Holloway; 2nd Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
20 January 2010
Procedural Posture
Judicial Review and Habeas Corpus / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Article 5 ECHR, Article 6 ECHR, Flagrant Denial of Justice, Repatriation of Prisoners Act 1984, Prisoner Transfer Treaty, Competent Court, Judicial Review, Habeas Corpus
Human Rights Law Criminal Law Extradition and Prisoner Transfer Article 5 ECHR Article 6 ECHR Flagrant Denial of Justice Repatriation of Prisoners Act 1984 Prisoner Transfer Treaty +3 more

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Parties

Samantha Orobator

Claimant

Governor of HMP Holloway

1st Defendant

Secretary of State for Justice

2nd Defendant

Procedural Posture

Judicial Review and Habeas Corpus / High Court Judgment

Legal Issues

  1. 1 Whether the claimant's continued detention in the UK is unlawful due to a flagrant denial of justice in the Lao criminal proceedings
  2. 2 Whether the Lao court was a 'competent court' under Article 5(1)(a) ECHR
  3. 3 Whether the lack of independence and impartiality of the Lao judiciary alone constitutes a flagrant denial of justice

Ratio Decidendi

The lack of independence and impartiality of the Lao court, even if established, does not by itself constitute a flagrant denial of justice. The threshold for a flagrant denial of justice is extremely high and requires a total nullification of fair trial rights. The claimant's trial, while deficient in several respects, did not reach the level of a flagrant denial of justice as defined by European and domestic authorities. Therefore, her continued detention in the UK is not unlawful under Article 5 ECHR.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • Application for writ of habeas corpus refused