The applicant, the German Bundesrat, applied to establish the unconstitutionality of the National Democratic Party of Germany (NPD). The applicant argues that the NPD advocates a concept aimed at abolishing the existing free democratic basic order and intends to replace the existing constitutional system with an authoritarian national state that adheres to the idea of an ethnically defined “people’s community” (Volksgemeinschaft)....

Germany 2017 Right-wing extremism Germany: Constitution of 1949, Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland (GG)) Federal Constitutional Court, Germany Freedom of Association Freedom of Expression

The applicant, and Algerian national, was extradited from the UK to France on charges related to a series of terrorist attacks in 1995 in Paris. He complained about an alleged error in the reasoning of the judgment delivered by a special bench of the Assize Court of Appeal which convicted him. He also complained about a violation of the ne bis in idem principle (no legal action can be instituted twice for the same cause of action) owing to his...

France 2017 Membership in a terrorist organisation Public security European Convention on Human Rights Protocol No. 7 to the Convention (ECHR) for the Protection of Human Rights and Fundamental Freedoms, ETS No.117 European Court of Human Rights (ECtHR) Right to a fair trial Right to life

XX is a 28 year old Sri-Lankan, who in 1992 (aged 10) joined the Liberation Tigers of Tamil Eelam (LTTE). He progressed within the organization, working in the intelligence division. At age 16 he became the leader of a nine man combat unit; at age 18, for three years (2000-2004), he led a mobile unit responsible for transporting military equipment and other members of the intelligence through jungles, and for two and a half months he served as...

United Kingdom 2010 Membership in a terrorist organisation Rome Statute of the International Criminal Court United Kingdom: Nationality, Immigration and Asylum Act 2002 Qualification Directive (2004/83/EC) 1951 Geneva Convention Relating to the Status of Refugees The Supreme Court (UKSC), United Kingdom Torture, degrading and inhuman and treatment Right of asylum

The respondents wanted compensation for their alleged detention, rendition and mistreatment by foreign authorities in various locations, including Guantanamo Bay. They claimed that the Security Services (the appellants) had been complicit in what had happened to them which, allegedly, included false imprisonment, trespass to the person, conspiracy to injure, torture and breaches of the Human Rights Act 1998. The appellants admitted that the...

United Kingdom 2011 Public security European Convention on Human Rights The Supreme Court (UKSC), United Kingdom Right to a fair trial

Mr. XX is a British citizen employed within the Home Office as an immigration officer. In 2006 his employment was suspended, and his security clearance was withdrawn following an investigation into a suspected plotted terrorist attack on transatlantic flights, for which his brother and cousin were arrested. His cousin was later convicted in 2008 of various offenses in relation to the plot. No information suggested that the applicant was linked to...

United Kingdom 2011 Public security European Convention on Human Rights United Kingdom: Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 United Kingdom: Employment Tribunals Act 1996 The Supreme Court (UKSC), United Kingdom Right to a fair trial

Mr. XX (2nd applicant) is a British national who was born in Lancashire in 1975 and is currently detained in HMP Full Sutton. Following surveillance by way of covert listening devices carried out both in Dubai and the UK, the applicant was arrested in Pakistan, by the Pakistani authorities, on 20 August 2006. Mr. XX asserted that after his arrest, he was held incommunicado without charge, without access to lawyers, or contact with any person...

United Kingdom 2012 Terrorist recruitment Membership in a terrorist organisation European Convention on Human Rights United Kingdom: Police and Criminal Evidence Act 1984 (PACE) European Court of Human Rights (ECtHR) Right to Liberty Right to a fair trial Torture, degrading and inhuman and treatment Right to an effective remedy

Mr. XX is a citizen of Egypt who claimed asylum in the United Kingdom in April 1994. The applicant’s claim was turned down (refused) in October 2000 on the ground of article 1F(c) of the Geneva Convention on the Status of Refugees, after being found guilty of acts contrary to the purposes and principles of the United Nations. As a result, the applicant was granted discretionary leave to enter the United Kingdom for 6 months at a time. The...

United Kingdom 2012 Terrorism propaganda Terrorism financing United Kingdom: The Terrorism Act 2000 United Kingdom: Nationality, Immigration and Asylum Act 2002 1951 Geneva Convention Relating to the Status of Refugees The Supreme Court (UKSC), United Kingdom Right of asylum

The appellants, all Algerian nationals, were suspected terrorists whom the Secretary of State proposed to deport to Algeria. Algeria is known for allowing torture, with no state official having been previously convicted for it. Due to this, the Secretary of State obtained assurances from the Algerian Government that the appellants’ rights not to be tortured or become subjected to other ill treatment will be respected upon their return to...

United Kingdom 2012 Membership in a terrorist organisation Public security European Convention on Human Rights United Kingdom: Special Immigration Appeals Commission Act 1997 The Supreme Court (UKSC), United Kingdom Torture, degrading and inhuman and treatment Right to life

Mr. XX (Respondent) is an Iraqi national. In 1992 he and his first wife came to the UK and sought asylum. In 1998 they and their four children were granted indefinite leave to remain in the UK and on 15 June 2000 they were granted British nationality. The effect of his acquisition of British nationality was that the respondent automatically lost his Iraqi nationality pursuant to article 11 of the Iraqi Nationality Law No 43 of 1963. In September...

United Kingdom 2013 Membership in a terrorist organisation European Convention on Human Rights Universal Declaration of Human Rights United Kingdom: Home Office guidance on “Applications for leave to remain as a stateless person” 2013 United Kingdom: British Nationality Act 1981 UN Convention relating to the Status of Stateless Persons 1954 UN Convention on the Reduction of Statelessness 1961 The Supreme Court (UKSC), United Kingdom Right to respect for private and family life Right to a nationality

Mr. XX was born in Libya in February 1998 and migrated to the United Kingdom soon after, identified at the time of his trials as a British citizen. In 2009 the police ordered a search warrant within the applicant's home, where they found multiple videos on his computer which he had uploaded to video streaming websites such as YouTube. The content of these videos showed Al-Qaeda and Taliban attacks on military targets in Chechnya and coalition...

United Kingdom 2013 Terrorism propaganda United Kingdom: The Terrorism Act 2000 United Kingdom: The Terrorism Act 2006 The Supreme Court (UKSC), United Kingdom Freedom of Expression

By a judgment of the District Court of June 28, 2001, no. II K 1256/00, Mr. XX was convicted of assisting in the crime of propagating a totalitarian regime (Article 18 § 3 of the Penal Code in relation to Article 256 of the Penal Code), in particular by providing the "u Hasana" club, of which he was the actual tenant, providing service to the indicated premises and disseminating information regarding the time, place and subject of the meeting....

Poland 2002 Extremism propaganda Totalitarianism European Convention on Human Rights Poland: Penal Code (Kodeks Karny) (1997) Supreme Court (Sąd Najwyższy), Poland Freedom of Expression

By a judgment of the District Court of November 10, 2005, no. VIII K 768/05, acquitted Mr. XX from committing an offense under Article 256 of the Penal Code. consisting in the fact that on 11 November 2004 publicly incite to hatred based on national differences by displaying a banner with the content: "We will free Poland from the euro-traitors, Jews, Masons and government mafias." An appeal against this verdict was made by the prosecutor,...

Poland 2007 Extremism propaganda Poland: Penal Code (Kodeks Karny) (1997) Supreme Court (Sąd Najwyższy), Poland Freedom of Expression

By a judgment of the District Court of June 1, 2010, Mr. XX1, Mr. XX2, Mr. XX3, Mr. XX4, Mr. XX5 and Mr. XX6 were convicted of propagating a totalitarian regime and inciting hatred based on racial and national differences (Article 256 of the Penal Code) during a demonstration organized by Narodowe Odrodzenie Polski (National Rebirth of Poland) and the Stowarzyszenie Nacjonalistyczne Zadruga (National Association Zadruga) by making racist speeches...

Poland 2011 Extremism propaganda Totalitarianism Poland: Penal Code (Kodeks Karny) (1997) Supreme Court (Sąd Najwyższy), Poland Freedom of Expression

By a decision of the District Court of 1 June 2015, Mr. XX was acquitted from committing an offense under Article 256 of the Penal Code and under Article 257 of the Penal Code (public incitement to hatred based on ethnic difference). On 28 March 2014 he had posted a comment with the content: "Roma are like a clergy. They do not plow, do not sow but harvest rich crops. Has anyone seen a gypsy honestly working? They live only from scams, begging...

Poland 2016 Extremism propaganda Poland: Penal Code (Kodeks Karny) (1997) Supreme Court (Sąd Najwyższy), Poland Freedom of Expression

Mr. XX was charged based on the ground that that in the period from 11 May 2016 to 16 June 2016, through the website of the Duma i Nowoczesność Association (Proud and Modernity), he publicly disseminated stickers with the symbols Zakaz Pedałowania ("No faggot!") and other stickers of a homophobic character. These actions lead to conclusion of an offense under Article 141 of the Code of Misdemeanors. In the justification of the verdict, the...

Poland 2017 Extremism propaganda Poland: Penal Code (Kodeks Karny) (1997) Supreme Court (Sąd Najwyższy), Poland Freedom of Expression

Mr. XX1, Mr. XX2, Mr. XX3, Mr. XX4, and Mr. XX5, Mr. XX6, Mr. XX7, Mr. XX8 and Mr. XX9 were accused with the fact that on 4th September 2011, acting jointly and in consultation with other unidentified persons publicly incited to hatred on the basis of national differences in this the way that during a public assembly organized to express a protest against acts of vandalism and desecration against national minorities taking place in the...

Poland 2013 Right-wing extremism European Convention on Human Rights Poland: Penal Code (Kodeks Karny) (1997) Regional Court in Białystok, Poland Freedom of Expression

A group of deputies to the Sejm of the Republic of Poland for the sixth term of office filed a motion to declare that the proprietary Article 256§2 of the Penal Code (“whoever, for the purpose of dissemination produces, records or imports, purchases, stores or possesses, presents, carries or send a print, recording or another object with the content specified under § 1 above "promoting a totalitarian regime or inciting to hatred" or a carrier...

Poland 2011 Right-wing extremism Totalitarianism European Convention on Human Rights Poland: Penal Code (Kodeks Karny) (1997) Constitutional Tribunal, Poland Freedom of Expression Freedom of religion or belief

Bogdan Reszka was convicted by the District Court in Bialystok for public incitement to hatred in connection with the publication of press articles, which in the court's opinion were not objective, and the author, by quoting fragments of song texts and providing them with his comments, incited to hatred basing on national, ethnic and racial differences and insulted groups of people due to their nationality. The applicant appealed against this...

Poland 2014 Right-wing extremism Extremism propaganda Totalitarianism European Convention on Human Rights Poland: Penal Code (Kodeks Karny) (1997) Constitutional Tribunal, Poland Freedom of Expression

Two individuals were found guilty of having supported the terror organisation PKK via economic support for ROJ TV.

Denmark 2016 Terrorism financing European Convention on Human Rights Denmark: Penal Code (Straffeloven) of 1930 Eastern High Court (Østre Landsret), Denmark Right to a fair trial

The company ROJ TV A/S and Mesopotamia Broadcast A/S METV had previously been found guilty at the City Courts of promoting terrorism in their broadcasting.

Denmark 2014 Terrorism propaganda European Convention on Human Rights Denmark: Penal Code (Straffeloven) of 1930 Eastern High Court (Østre Landsret), Denmark Freedom of Expression

Mr. XX was found guilty of promoting terrorism in a series of Facebook posts, and via email encouraging individuals to travel to Syria or Iraq to fight with Jabhat al-Nusra, to have promoted Al-Qaida activities. Mr. XX was also found guilty of encouraging the killing of named Danish individuals, attacks against the Egyptian parliament, as well as propaganda and threats and mockery of Jews.

Denmark 2015 Terrorism propaganda European Convention on Human Rights Denmark: Penal Code (Straffeloven) of 1930 Eastern High Court (Østre Landsret), Denmark Freedom of Expression Torture, degrading and inhuman and treatment Right to respect for private and family life

Mrs. XX is a dissident Iranian politician who is a resident in Paris. Mrs. XX has been recognised for having close links with Iranian opposition - Mujahedin e-Khalq - that was formerly proscribed as a terrorist organisation but is now classed as non-violent. In 1997 the Home Secretary excluded Mrs. XX from the United Kingdom on the grounds that her presence in the UK would not be in the interest of public good for reasons of foreign policy and...

United Kingdom 2014 Public security European Convention on Human Rights The Supreme Court (UKSC), United Kingdom Freedom of Expression Freedom of religion or belief

On 4 January 2011, Mrs. XX passed through East Midlands Airport with her three children on returning from visiting her husband in Paris, a French national in custody on terrorist offences. She was stopped by police and, although not formally detained, arrested on suspicion of being a terrorist and was told that the police needed to speak to her to establish whether she was involved in terrorist acts. The police did this exercising the power under...

United Kingdom 2015 Membership in a terrorist organisation European Convention on Human Rights United Kingdom: The Terrorism Act 2000 The Supreme Court (UKSC), United Kingdom Right to Liberty Right to a fair trial Right to respect for private and family life

This is a pre-trial appeal in a criminal case. The appellants are charged with the offence of entering into funding arrangements connected with terrorism, contrary to section 17 of the Terrorism Act 2000. The charges allege that the appellants sent money overseas, or arranged to do so, when they knew or had reasonable cause to suspect that it would, or might, be used for the purposes of terrorism. The question which arises in this appeal concerns...

United Kingdom 2018 Terrorism financing United Kingdom: The Terrorism Act 2000 The Supreme Court (UKSC), United Kingdom Proportionality

The respondent has been in the United Kingdom since 1993. He was previously detained under section 21 of the Anti-Terrorism Crime and Security Act (2001) and when the 2001 Act was repealed, he was subject to a control order under the Prevention of Terrorism Act 2005. On 11 August 2005, he was notified of the Secretary of State’s intention to make a deportation order against him on national security grounds. He was detained under Schedule 3 of...

United Kingdom 2018 Public security United Kingdom: Immigration Act 1971 United Kingdom: Prevention of Terrorism Act 2005 United Kingdom: Anti-terrorism, Crime and Security Act 2001 The Supreme Court (UKSC), United Kingdom Right to Liberty

Mr. XX was originally an Egyptian national who migrated to the United Kingdom in 1994 under claims of harassment by Egyptian security forces. In 2005 the applicant was given an 'asset freeze' as requested by the Egyptian Government to the United Nations Security Council Sanctions Committee, which was applied within the United Kingdom through the European Union Regulation 881. This was given on the basis that the applicant was associated with...

United Kingdom 2016 Islamic extremism Universal Declaration of Human Rights Council Regulation (EC) No 881/2002 Charter of the United Nations of 1945 The Supreme Court (UKSC), United Kingdom Right to a fair trial Proportionality Torture, degrading and inhuman and treatment Right to respect for private and family life Right to property

Mr. XX is an Afghan national who was captured during a planned International Security Assistance Force (ISAF) operation targeting a senior Taliban commander in April 2010. The applicant was detained by British troops until July 2010 when he was transferred into Afghan custody. The applicant was tried, convicted and sentenced to ten years imprisonment for offences related to the insurgency in Afghanistan. Mr. XX claimed that his detention was...

United Kingdom 2017 Public security European Convention on Human Rights United Kingdom: Human Rights Act 1998 United Kingdom: Crown Act of State The Supreme Court (UKSC), United Kingdom Right to Liberty

This case is about the liabilities of the United Kingdom’s government for alleged tortuous acts done by HM Forces in the course of operations overseas (Iraq and Afghanistan) or by foreign governments in which UK officials are alleged to have been complicit. On April 7th, 2010 the applicant was captured by British forces in Afghanistan as part of a planned operation that took place there. This included a ten-hour fire fight where the applicant...

United Kingdom 2017 Membership in a terrorist organisation European Convention on Human Rights The Supreme Court (UKSC), United Kingdom Right to Liberty Torture, degrading and inhuman and treatment

In February 2017, the applicant (Appellant) was captured by British forces in Basra, Iraq at his wife's home. The Government said that they found weaponry material for making explosives in the home. Following his capture, the applicant was held at a British army detention centre for 6 ½ weeks, and was then released after an internal review had concluded that a successful prosecution would be unlikely. Mr. XX brought out an action for damages...

United Kingdom 2017 Violent extremism Public security European Convention on Human Rights The Supreme Court (UKSC), United Kingdom Right to Liberty

An ex-inmate, previously condemned and jailed for terrorism, expressed public support to contemporary forms of terrorism. The applicant claims, first, that the provisions punishing the justification of acts of terrorism disregard the principle of the legality of offences and penalties, since the legislature has failed to sufficiently define the scope of that offence. It also considers that these provisions would violate freedom of expression, in...

France 2018 Terrorism propaganda France: Penal Code (Code pénal) of 1994 Constitutional Council (Conseil constitutionnel), France Freedom of Expression Proportionality