The Weekly Law Reports
[2017] 2 WLR 219
Court of Appeal
Regina (Al-Saadoon and others)
v
Secretary of State for Defence
Regina (Rahmatullah and another) v Secretary of State for Defence and another
[2016] EWCA Civ 811
2016 May 16,
17,
18,
19;
Sept 9
Arden, Tomlinson, Lloyd Jones LLJ
Human rights— Inhuman or degrading treatment— State’s duty to investigate alleged breach— Prohibition against torture— Iraqi civilians alleging breach of Convention rights by British soldiers in Iraq— Scope and content of state’s duty to investigate— Whether Convention against torture giving rise to domestically enforceable legal rights or affecting scope of investigative duty— Extent to which duty arising in respect of alleged mistreatment following handover of detainees to another state— Whether arising where no arguable substantive breach of Convention right—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 3
—
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (1990) (Cmd 1775), arts 2, 10, 11, 12, 13
Human rights— Jurisdiction— Actions of British soldiers abroad— Iraqi civilian claimants alleging breach of Convention rights by British soldiers in Iraq— Whether within United Kingdom’s “jurisdiction”— Whether extra-territorial jurisdiction exceptional— Scope of state agent authority and control over individuals— Whether United Kingdom exercising public powers over individuals— Whether exercise of physical power and control by agents of state— Whether claimants having Convention rights—
Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd 8969), art 1
Human rights— Liberty— State’s duty to investigate alleged breach— Iraqi civilians alleging breach of Convention rights by British soldiers in Iraq— Scope and content of state’s duty to investigate— Whether arising in all cases of detention—
Human Rights Act 1998, Sch 1, Pt I, art 5