Source: All England Reporter
Publisher Citation: [2001] All ER (D) 69 (Oct)
Court: Administrative Court
Judge:

Hooper J
Representation Patrick O'Connor QC and Martin Soorjoo (instructed by Imran Khan & Partners) for the claimant.
  Jonathan Crow and M Chamberlain (instructed by the Treasury Solicitor) for the Secretary of State.
  Anthony Scrivener QC (instructed by the Commission for Racial Equality) for the second defendant.
  Linda Sullivan QC and Stephen Climie (instructed by Her Majesty's Coroner for West London) for the second third defendant.
Judgment Dates: 5 October 2001

Catchwords

Human rights - Life - Deprivation - Prisoner dying in custody - Prisoner killed by racist cellmate - Family arguing Secretary of State failing to hold open and public investigation into murder - Whether Secretary of State having to establish independent public inquiry - Whether purpose of investigation only to discover whether breaches of Convention by state agents - European Convention on Human Rights, art 2.

The Case

The purpose of an investigation impliedly required by art2 of the European Convention on Human Rights was to discover whether there had been a breach of the explicit duty in art2, even though the death might not have involved the criminal responsibility of state agents. During that investigation, the possible criminal, disciplinary or civil responsibility of the persons and institutions involved might very well be important, but they were not the only matters to be considered.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary