Source: All England Reporter
Publisher Citation: [2002] All ER (D) 456 (Mar)
Neutral Citation: [2002] EWCA Civ 390
Court: Court of Appeal, Civil Division
Judge:

Lord Woolf CJ, Laws and Dyson LJJ

Representation Patrick O'Connor QC and Martin Sorjoo (instructed by Imran Khan & Partners) for the claimant in the first case.
  Ben Emmerson QC and Peter Weatherby (instructed by Howells) for the claimant in the second case.
  Jonathan Crow, Rabinder Singh and Martin Chamberlain (instructed by the Treasury Solicitor) for the Secretary of State and the coroner.
Judgment Dates: 27 March 2002

Catchwords

Human rights - Life - Deprivation - Prisoner being murdered in custody by cellmate - Secretary of State declining to hold public inquiry - Whether obligation of state to investigate death requiring that public inquiry with participation by deceased's family be held - European Convention on Human Rights, art 2.

The Case

Publicity and family participation were not necessarily discrete compulsory requirements which had to be distinctly and separately fulfilled in every case where the duty of the state to investigate a death under art2 of the European Convention on Human Rights arose. When it was necessary in order to vindicate art2 for an inquest jury to give, in effect, a verdict of neglect, it was permissible to do so.

Practice Areas

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