Orobator v HMP Holloway & Anor [2010] EWHC 58 (Admin) (20 January 2010)

Summary

Samantha Orobator was 19 when arrested in Laos, in August 2008. She was charged of attempting to smuggle heroin to Australia. She had not seen a lawyer until after some time in detention. Her case was taken up by Reprieve in January 2009.While in prison, she got pregnant and was continuously threatened with the death penalty, despite being contrary to domestic law. After a brief trial, she was sentenced to life imprisonment. She was repatriated to the United Kingdom.

In the High Court, it was argued that the circumstances of conviction and sentence amounted to a breach of Article 6 of the ECHR. Her conviction was not judged by a competent court within the meaning of Article 5 (1) (a), and the fact she was still in detention should be considered as arbitrary and unlawuful. 

The High Court held the claimant failed to proved there was a flagrant denial of justice but reduced her sentence to 18 months in prison. 

Link to case and to case history.

HRDP summary