Ansari v Aberdeen City Council & Ors [2017] ScotCS CSIH_5 (27 January 2017)

Ansari v Aberdeen City Council & Ors [2017] ScotCS CSIH_5 (27 January 2017)

The Haney duty under Article 5 ECHR is imposed only on the state responsible for detention and release (Scottish Ministers), not on local authorities. Local authorities assist in rehabilitation but do not justify detention or release, and thus are not subject to the Haney duty. No duty gap arises because the Scottish Ministers accept the duty and are liable for any failings.

Citation
[2017] ScotCS CSIH_5
Parties
Petitioner and Reclaimer: Yousef Ansari; Respondents: Aberdeen City Council and Others
Jurisdiction
Scotland
Judgment Date
27 January 2017
Procedural Posture
Judicial Review (reclaiming Motion) / Appeal From Lord Ordinary's Decision
Outcome
reclaiming motion refused
Legal Topics
Article 5 ECHR, Rehabilitation of Prisoners, Duties of Local Authorities, Haney Duty
Human Rights Prison Law Public Law Article 5 ECHR Rehabilitation of Prisoners Duties of Local Authorities Haney Duty

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Parties

Yousef Ansari

Petitioner and Reclaimer

Aberdeen City Council and Others

Respondents

Procedural Posture

Judicial Review (reclaiming Motion) / Appeal From Lord Ordinary's Decision

Legal Issues

  1. 1 Does Article 5 ECHR impose a Haney duty on local authorities to provide reasonable rehabilitative opportunities to life prisoners?
  2. 2 Is there a duty gap if local authorities are not subject to the Haney duty?

Ratio Decidendi

The Haney duty under Article 5 ECHR is imposed only on the state responsible for detention and release (Scottish Ministers), not on local authorities. Local authorities assist in rehabilitation but do not justify detention or release, and thus are not subject to the Haney duty. No duty gap arises because the Scottish Ministers accept the duty and are liable for any failings.

Court Disposition

reclaiming motion refused

Orders

  • Petitioner's case against Aberdeen City Council and Others dismissed
  • Lord Ordinary's decision affirmed