header-logo header-logo

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

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

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll