Rapist Given Payout For Human Rights Breach

Written By Unknown on Selasa, 09 April 2013 | 23.17

A convicted rapist is to receive damages from the Government after European judges ruled his human rights had been breached.

The European Court of Human Rights (ECHR) found Somali national Mustafa Abdi was unlawfully detained for two-and-a-half years as he awaited deportation.

The court ordered the UK Government to pay 1,500 euros (£1,277) in damages and 7,000 euros (£5,960) for legal costs because of the breach of his right to liberty.

Abdi, who is currently in custody in Brixton, was originally sentenced to eight years in jail in 1998 for rape and indecency with a child.

In 2002, the then-home secretary David Blunkett ordered Abdi's deportation and issued an authority for detention until the making of a deportation order.

But from August 2004 until July 2006 it was not possible to remove him because the last carrier prepared to take "enforced returns" to Somalia withdrew and Abdi refused to return voluntarily.

In September 2006, he was granted permission to apply for judicial review of the decision to detain him.

After a previous legal challenge, the Court of Appeal held that the period of detention between December 2004 and June 2006 was lawful because Abdi could have returned to Somalia voluntarily and he was refused permission to appeal to the House of Lords.

He was then released in April 2007 but re-detained in April 2008 after breaching his bail conditions.

The ECHR has now ruled that his detention pending his deportation was not lawful under UK law because regular reviews required were not carried out.

The decision by the Strasbourg-based court comes three months after it awarded damages to a funfair worker who had raped a teenager after forcing her to drink alcohol.

Samuel Betteridge, 58, from Mablethorpe, was jailed after he pleaded guilty to two counts of rape and one of attempted rape at Lincoln Crown Court in 2005.

A 13-month delay between the end of his minimum term and his first parole hearing was a breach of his right to a speedy hearing, the ECHR found.


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