Question
Students are to advise Savannah of her legal position under Articles 2, 3, 8 and 9 of the European Convention on Human Rights (and relevant
Students are to advise Savannah of her legal position under Articles 2, 3, 8 and 9 of the European Convention on Human Rights (and relevant case law) in respect of the following problem question.
Savannah is an intrepid journalist who works for a newspaper, the Daily Blather, in Corruptia, a state party to the European Convention on Human Rights that is on the Continent. She is a UK citizen and has lived in Corruptia for the past five years since moving there from Manchester, UK. She enjoys the sunny weather of her adopted home and owns a modest though tastefully decorated apartment in the capital city with her husband Akira, who is a citizen of Corruptia and works as a software engineer. They have been married for three years after meeting at a supermarket. On that fateful day, Savannah slipped on a piece of celery, and Akira caught her before she could land heavily on the potato display. They now have a one- year-old child together, Toshiro, and are planning on having another child.
Unfortunately, life gets harder for the couple when a deadly virus spreads across Corruptia, leading to a lockdown to protect the lives and health of the population. Savannah and Akira are devout Christians, and their church is shut for four weeks, though online services are held. The church is reopened once the authorities express confidence that they have control of the situation. However, Savannah notices that casinos, an important industry in Corruptia, continued to operate during the virus outbreak, and writes a scathing article in the Daily Blather about the government's performance during the crisis, and the effect on her and Akira's religious freedom. This attracts the attention of senior government officials, who ask her to attend a personal meeting with the Minister for Home Affairs.
Sensing an opportunity, Savannah decides to make clear just how upset she is about the lockdown. When she enters the Minister's office, and he extends his hand to greet her with a handshake, Savannah produces a container of confetti and dumps it over the Minister's head while declaring: "This is because you repressed my religious beliefs!" The Minister is outraged and orders that Savannah be interrogated by the special police. The interrogation goes on for 22 hours and Savannah is deprived of sleep throughout that time, though she is given sufficient food and water. Subsequently, she is charged and found guilty of offences against the person and sentenced to imprisonment for six months.
Savannah's imprisonment proves challenging for Akira and Toshiro. Matters are made worse by the fact that during the imprisonment, Akira receives a threatening letter stating, "Savannah had better watch her back when she's released". The letter was signed "an anonymous supporter of the government". Akira reports the letter to the police, who are dismissive of his concerns and take no action. When Savannah is released, she tearfully embraces her family. However, she soon receives notice from the Minister for Home Affairs that her visa has been cancelled and she will be deported under immigration law as a dangerous criminal. Domestic courts reject a challenge against the deportation with minimal reasoning.
Advise in essay format.
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