(b) Under section 5 of the 1971 Act, wives of deportees are liable to be deported, but there is no comparable power to deport husbands of deportees;
(c) The Immigration Rules make special provision for the admission of female "au pairs" and of dependent unmarried daughters aged 18-20. There is no comparable provision for males in these categories;
(a) The Rules make provision for the admission of widowed mothers, but of widower fathers only if aged 65 or over.
Article 4
57. The second periodic report noted that the United Kingdom's derogations from various articles of the Covenant had been withdrawn on 22 August 1984. Since then, as a result of the decision of the European Court of Human Rights of 29 November 1988 in the case of Brogan and Others, the Secretary of State for Foreign and Commonwealth Affairs notified the Secretary-General of the United Nations on 23 December 1988 that, in accordance with article 4, paragraph 3, of the Covenant, the Government found it necessary to take and continue measures derogating in certain respects from its obligations under article 9, paragraph 3, of the Covenant. This derogation was updated on 23 March 1989 so as to inform the Secretary-General of the provisions of the Prevention of Terrorism (Temporary Provisions) Act 1989, which had just come into force.
58. Since 1974, by reason of the campaigns of organized terrorism relating to the affairs of Northern Ireland, powers have been taken and exercised to enable persons reasonably suspected of involvement in terrorism connected with the affairs of Northern Ireland to be detained without charge for up to 48 hours. The period of detention may be extended for periods of up to five days, on the authority of the Secretary of State. At the time of the derogation, the powers were in section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984 and in article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984 and article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984. They are now in section 14 of the 1989 Act and paragraph 6 of schedule 5 to that Act.
59. In its judgement in the case of Brogan and Others, the European Court of Human Rights held that there had been a violation of article 5, paragraph 3, of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950, in respect of the applicants, each of whom had been detained under section 12 of the 1984 Act for periods of more than four days without being brought before a judge or other officer for the purposes of the article. Article 5, paragraph 3, of that Convention (which corresponds to article 9, paragraph 3 of the Covenant) provides: "Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this article" [which deals with lawful arrest or detention effected for the purpose of bringing a person before the competent legal authority on reasonable suspicion of having committed an offence, or when it is reasonably necessary to prevent his committing an offence or fleeing after having done so] "shall be brought promptly before a judge or other officer authorized by law to exercise judicial power ...".
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