Source: All England Reporter
Publisher Citation: [2011] ALl ER (D) 160 (Nov)
Neutral Citation: [2011] EWCA Civ 1334
Court: Court of Appeal, Civil Division
Judge:

Maurice Kay VP, Sullivan and Pitchford LJJ
Representation Michael Fordham QC, Dan Squires and Rachel Logan (instructed by Public Interest Lawyers) for the claimant.
  James Eadie QC, Philip Havers QC and Kate Grange (instructed by the Treasury Solicitor) for the Secretary of State.
  David Wolfe for the Equality and Human Rights Commission as intervener.
Judgment Dates: 22 November 2011

Catchwords

Human rights - Inhuman or degrading treatment - Effective investigation - Claimant Iraqi national alleging ill-treatment by British servicemen whilst being detained by British armed forces in Iraq - Defendant Secretary of State establishing two bodies purportedly to investigate allegations of mistreatment - Two separate public inquiries being held into allegations of ill-treatment by Iraqi nationals at hands of British servicemen - Claimant requesting Secretary of State to order immediate public inquiry into allegations raised - Secretary of State declining to order inquiry at time of request - Secretary of State's decision being confirmed by court at first instance - Whether Secretary of State's decision unlawful - Whether investigative body having necessary independence - European Convention on Human Rights, art 3.

The Case

Human rights Inhuman or degrading treatment. The Court of Appeal, Civil Division, in allowing the claimant's appeal against a refusal to order a public inquiry into alleged breaches of art3 of the European Convention on Human Rights by British Armed Forces in Iraq, held that the practical independence of the Iraq Historic Allegations Team had been compromised by reason of its make up and their involvement on the ground in Iraq and, accordingly, the Secretary of State's policy of 'wait and see' the outcome of that investigation before assessing the need for a public inquiry had not been permissible.

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
  • 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
  • Cases related to this particular case that are related to, or discuss this caseView related cases