Kennedy v United Kingdom

Details of the case Kennedy v United Kingdom case are presented. Among other things, K had been arrested for drunkenness and placed in a police cell with another man, who was found dead the next morning. K was convicted of the man's murder, although he maintained throughout that the police had...

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Bibliographic Details
Published in:Criminal law review 2010-11 (11), p.868
Main Author: Ashworth, Andrew
Format: Article
Language:English
Subjects:
Court decisions
Fair trade
Right of privacy
Tribunals & commissions
Online Access:Get full text
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Summary:Details of the case Kennedy v United Kingdom case are presented. Among other things, K had been arrested for drunkenness and placed in a police cell with another man, who was found dead the next morning. K was convicted of the man's murder, although he maintained throughout that the police had framed him in order to cover up their own wrongdoing. His conviction was quashed on appeal, but at a second retrial he was convicted of manslaughter and sentenced to nine years' imprisonment. On release from prison he began to campaign against miscarriages of justice, and he started a removal and van hire business, but he came to believe that his telephone calls and other forms of communication were being interfered with. K made requests to M15 and GCHQ to discover whether information about him was being processed by them, but both applications were refused on grounds of national security. He then complained to the Investigatory Powers Tribunal (IPT) that his communications were being interfered with in "challengeable circumstances", according to s.65(7) of the Regulation of Investigatory Powers Act 2000 (RIPA), and that his art.8 rights were being infringed. The IPT rejected his complaints according to its usual formula, which does not disclose whether it found that there had been no interception or that there had been an interception but it was lawful. K brought an application to the ECtHR under art.8 and art.6.
ISSN:0011-135X