Landmark European ruling in Al Skeini case widens scope of Convention
Foreign civilians under the “control and authority” of British officials are protected by European human rights laws.
In a landmark ruling, Al Skeini v UK (App No 55721/07) the European Court of Human Rights held the UK responsible under Art 1 of the European Convention on Human Rights for Iraqi civilians killed during security operations carried out by UK soldiers in Basrah.
The six claimants were close relatives of civilians who died, including Baha Mousa, who died with multiple injuries in a UK army base. A public inquiry into his death is currently underway.
The UK has argued the Convention does not apply to troops outside of Europe.
In 2007, the House of Lords held that the UK had jurisdiction over its army bases in Iraq and therefore had responsibility for Baha Mousa but not the others.
Last week, however, the European Court in Strasbourg said that, in the “exceptional circumstances” when UK forces assumed authority over south east Iraq, they were bound by European Convention rules to safeguard the right to life and liberty. Therefore, the UK has a duty to conduct an investigation into the deaths of all the civilians, whether or not they were on a UK army base.
Public Interest Lawyers, the firm which represented the relatives, said in a statement: “The court's ruling means that a whole host of Iraqi victims, previously prevented from accessing justice, are now finally to seek redress for their abuse.
“For the first time, they will be able to go to the High Court in London and force Liam Fox, the secretary of state for defence, to order a public inquiry into the actions of British soldiers in their cases.”
In a second landmark ruling, Al Jedda v UK (App No 27021/08) the European Court of Human Rights held that UN Security Council resolution 1546 did not override the UK’s obligations under Art 5 of the Convention to protect the liberty of a dual UK/Iraqi citizen interned in a Basrah facility run by the British military.
In 2007, the House of Lords ruled unanimously that the internment was lawful because it had been authorised by res 1546.
