Source: All England Reporter
Publisher Citation: [2009] All ER (D) 153 (Jan)
Neutral Citation: [2009] EWCA Civ 7
Court: Court of Appeal, Civil Division
Judge:

Waller, Laws and Jacob LJJ
Representation Karon Monaghan QC, Guy Goodwin Gill and Helen Law (instructed by Public Interest Lawyers) for the claimants.
  Clive Lewis QC, Tim Eicke and Sam Wordsworth (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 21 January 2009

Catchwords

Human rights - Convention rights - International law - Requirement on state to secure rights and freedoms to those within its jurisdiction - Claimants arrested in Iraq on suspicion of involvement in murder of two British servicemen - Claimants being held by British forces in Iraq following authorisation by Iraqi court - Iraqi High Tribunal requesting transfer of claimants to it - Secretary of State permitting transfer - Claimants applying for judicial review - Whether real risk of claimants being hanging - Whether claimants within jurisdiction of United Kingdom - Whether proposed transfer breaching claimants' human rights - European Convention on Human Rights, arts 1, 2, 3, 6.

The Case

Human rights Convention rights. Court of Appeal, Civil Division: The appeal of two men detained by British forces in Basra against the dismissal of their application for judicial review of the decision of the Secretary of State to transfer them into the custody of the Iraqi Higher Tribunal (upon the latter court's request) was dismissed. The claimants did not fall within the jurisdiction of the United Kingdom for the purposes of art1 of the European Convention on Human Rights.

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
  • 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
  • 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