EUROPEAN COURT OF HUMAN RIGHTS - S & MARPER CASE

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EUROPEAN COURT OF HUMAN RIGHTS - S & MARPER CASE

Postby Offthegrid » Sun Dec 11, 2011 9:15 am

Anyone know how this ended:
EUROPEAN COURT OF HUMAN RIGHTS - S & MARPER CASE
You will be aware of the above case, which challenges the legal right of the Police Service to retain Fingerprints, DNA Samples and Profiles taken at arrest where the subject is not convicted of the offence for which the samples were taken. S and Marper submit that this is a violation of their human rights under Articles 8 and 14 of the European Convention on Human Rights (ECHR).
This challenge currently sits with the Grand Chamber of the European Court of Human Rights (ECtHR) with a ruling expected around the end of November or early December 2008.

Cant seem to find anything on if/how it finaly got ruled.
When the government fears the people, there is liberty. When the people fear the government, there is tyranny.
-- Thomas Jefferson
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Re: EUROPEAN COURT OF HUMAN RIGHTS - S & MARPER CASE

Postby Deacus » Sun Dec 11, 2011 9:26 am

In a unanimous verdict, the seventeen-judge bench held that there had been a violation of Article 8 and awarded €42,000 to each of the applicants. The Court did therefore not go on to consider whether the retention of DNA was also a breach of Article 14 (prohibition of discrimination) as the applicants had also argued that they had suffered detrimental treatment on the basis of an acquired status. Notably, another part of the United Kingdom, namely Scotland, had provided an example of a proportionate, more rational approach in regard to DNA retention, in that samples were to be destroyed if an individual was not convicted or granted an absolute discharge; an exemption however exists for the authorities to retain samples if the individual is suspected of certain sexual or violent offences (Retention Guidelines for Nominal Records on the Police National Computer 2006).

Through this ruling, the European Court of Human Rights has further developed its body of jurisprudence on what measures are likely to fall outside a state’s margin of appreciation. The Court determined that where there is no consensus between member states as to how important a matter at stake is, the margin ought to be wider, however as the facts in this instance involved the interference with intimate details of utmost importance to the individual, the margin allowed to the state was narrow and the United Kingdom had not struck the right balance
http://en.wikipedia.org/wiki/S_and_Marp ... m#Judgment
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Re: EUROPEAN COURT OF HUMAN RIGHTS - S & MARPER CASE

Postby Offthegrid » Sun Dec 11, 2011 8:44 pm

Ok, thanks very much for that Deacus, much appreciated.
Looked everywhere for it, I gotta get my search skills upgraded by the looks of it.
Again, many thanks.
Peace
otg
When the government fears the people, there is liberty. When the people fear the government, there is tyranny.
-- Thomas Jefferson
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