Inhuman or degrading treatment

Regina (Al-Saadoon and others) v Secretary of State for Defence (No 2) [2016] EWHC 773 (Admin) All ER (D) 25 (Apr) QBD; NLJ 22 April; SJ 26 April

The claimants brought public law claims in the courts of the United Kingdom arising out of the British military involvement in Iraq between 2003 and 2009. The claims involved allegations of ill-treatment, and in some cases unlawful killing, of Iraqi civilians by British soldiers. By their claims for judicial review the claimants sought court orders requiring the Secretary of State to investigate alleged human rights violations. Issues arose relating to the UK’s obligations under arts 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, including (i) the nature and scope of the state’s substantive obligation under art 2 of the Convention in relation to the use of lethal force while seeking to quell riots and uphold law and order during the occupation of Iraq, (ii) when the investigative duty under art 2 arose in such circumstances and (iii) the effect of delay on the investigative duties under arts 2 and 3 where the allegations of breach of the substantive rights were made many years after the incidents in question.