Khosa v Secretary of State for Justice

Human rights – Prohibition on torture. The appellant's claim that the respondent Secretary of State had breached art 3, as he had been subjected to physical and mental torture over a period of time while in prison by those who had a duty of care to him, was entirely unparticularised. The Court of Appeal, Civil Division, in dismissing his appeal against the judge's refusal to reinstate that claim, further held that it was not appropriate to consider witness statements available but not provided to the judge.

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