Pupil Barrister

Tag: Article 5

Appealing a Court of Protection Judgment

Over at the Open Justice Court of Protection Project, I have written a long explainer about appeals in the Court of Protection.


Any contested hearing in the Court of Protection will leave at least one party disappointed by the outcome.

Often, the disappointed party (whether that is a family member, a public body, or the protected person themselves) will accept the judge’s decision and work within the terms of the order that has been made.

On other occasions, the disappointed party may consider that the judge has made a mistake which may be corrected on appeal.

This post offers a basic introduction to Court of Protection appeals. It covers (1) the general principles that govern appeals and why appeals fail at an early stage (2) the procedure for making an appeal and some common reasons and (3) some alternatives to an appeal.

Visit the Open Justice Court of Protection Project blog to read the whole thing.

Saudi clichés on Raif Badawi


Last week the Kingdom of Saudi Arabia hit back at those who have been voicing their dismay at the hideous and inhuman sentence handed down to liberal blogger Raif Badawi.

The Kingdom cannot believe and strongly disapproves what has been addressed in some media outlets about the case of Citizen Rai’ef Mohammed Badowi and the judicial sentence he has received.

While we regret the aggressive attacks these media have leveled against the Kingdom and its Judiciary system, the Kingdom assures at the same time that it rejects in shape and form any interference in its internal affairs.

Blaming the ‘media’ is a well worn cliché that oppressive regimes like to deploy when seeking to play down their human rights abuses. In this case, however, it’s just flat out wrong.  Yes, the media have reported on the Raif Badawi case and published scathing op-eds from the likes of yrstrly.  But the bulk of the outcry has been on social media, where hundreds of thousands of people are voicing their distaste for Wahhabi justice.
There is also this:

… the Kingdom unequivocally rejects any aggression under the pretext of Human Rights; after all, the constitution of the Kingdom originates from the Islamic Sharia which enshrines one’s sacred rights to life, property, honor, and dignity.

The Kingdom of Saudi Arabia has been one of the first States to promote and support human rights and has on this regard respected all international conventions congruent with the Islamic Sharia. 

This is just delusional.  By no stretch of the imagination can flogging someone for peaceful political speech be considered a protection of “honour and dignity” or human rights.
Lest we forget, Article 5 of the Universal Declaration of Human Rights States:

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

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