CASE OF GILLAN AND QUINTON v. THE UNITED KINGDOM

Summary:

The European Court of Human Rights (ECtHR) published on 12 January 2010 its verdict concerning the case of Gilan and Quinton against the United Kingdom. The Court ruled that stop and search powers without reasonable suspicion under the Terrorism Act 2000 were a violation of the right to privacy. It stated that "the powers of authorisation and confirmation as well as those of stop and search under sections 44 and 45 of the 2000 Act are neither sufficiently circumscribed nor subject to adequate legal safeguards against abuse. They are not, therefore, 'in accordance with the law' and it follows that there has been a violation of Article 8 of the Convention."

Official

ECtHR: Press Release, 12.01.10 : Grand Chamber judgment Gillan and Quinton v. the United Kingdom - police stop and search powers under anti-terrorism legislation too wide and not adequately safeguarded by domestic law against abuse http://hudoc.echr.coe.int/eng-press?i=003-2985706-3294679

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Commentary and Analysis

European Court of Human Rights: Gillan & Quinton v. United Kingdom - Decision Regarding Stop and Search Powers Under U.K. Anti-Terrorism Legislation - American Society of International Law https://www.cambridge.org/core/services/aop-cambridge-core/content/view/C55AF1D9F7F6F82704D1541F2742EC1A/S0020782900000565a.pdf/european_court_of_human_rights_gillan_quinton_v_united_kingdom_decision_regarding_stop_and_search_powers_under_uk_antiterrorism_legislation.pdf

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