header-logo header-logo

08 August 2013
Issue: 7572 / Categories: Case law , Law reports , In Court
printer mail-detail

Human rights—Right to life—State’s obligation to investigate death

McCaughey and others v United Kingdom (App no 43098/09) [2013] ECHR 43098/09, [2013] All ER (D) 260 (Jul)

European Court of Human Rights, Judges Ineta Ziemele, President, David Thór Björgvinsson, Päivi Hirvelä, George Nicolaou, Zdravka Kalaydjieva, Vincent De Gaetano, Paul Mahoney, 16 Jul 2013

It was an established principle that Art 2 of the European Convention on Human Rights required investigations to begin promptly and to proceed with reasonable expedition, and that was required quite apart from any question of whether the delay actually impacted on the effectiveness of the investigation.

In October 1990, MM and DG were shot in Northern Ireland by soldiers from a specialist unit of the British Army. The applicants were MM's mother and DG's father and daughter. In April 1993, the Director of Public Prosecutions decided not to prosecute the soldiers involved in the shooting. In 1994 and 1995, the Royal Ulster Constabulary (RUC) forwarded material to the coroner. Over two years went by before the coroner made his first contact with the applicants

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll