Hanif v United Kingdom (2012) 55 EHRR 16

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Hanif and another v United Kingdom (App Nos. 52999/08 and 61779/08)

[2011] ECHR 52999/08

EUROPEAN COURT OF HUMAN RIGHTS

 

JUDGE GARLICKI (PRESIDENT), JUDGES BJORGVINSSON, BRATZA, HIRVELA, NICOLAOU, VUCINIC, DE GAETANO; AND L EARLY (SECTION REGISTRAR)

THE FACTS

  1. THE CIRCUMSTANCES OF THE CASE

 

  1. The first applicant was born in 1967 and at the time of the lodging of his application was detained in HM Prison Moorlands. He was expected to be released on 1 September 2010. The second applicant was born in 1978 and is currently detained in HM Prison Dovegate.

 

  1. The first applicant is a taxi driver. On 31 August 2006, he drove from Sheffield to Luton. On his way back to Sheffield from Luton, he was arrested in the context of a police investigation into the supply of unlawful drugs. He had been followed on his journey in both directions by police officers. Six kilograms of heroin were found in the boot of his car. The case against him was that he had collected the consignment of drugs in Luton and was transporting it back to Sheffield when he was arrested.

 

  1. The first applicant’s defence was that he did not know anything about the drugs found in his car. He said that he had taken a passenger named Paul with him on the journey from Sheffield to Luton at the request of Mr Younas, one of the alleged members of the conspiracy to supply unlawful drugs. Paul had used the first applicant’s mobile telephone while in the car and the calls to another of the individuals in the alleged conspiracy, Mr Rasul, had been made by Paul. Calls to Mr Younas and a third member of the alleged conspiracy, Mr N. Khan, were made by the first applicant: calls to Mr Younas were to check directions and calls to Mr N. Khan related to a dispute about an unpaid taxi fare. Paul had left the car shortly after arrival in Luton. The first applicant argued that he must have left the drugs in the car when he left the vehicle.

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