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17 April 2008 / Cathryn Mcgahey
Issue: 7317 / Categories: Features , Public , Human rights , Constitutional law
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Jury out on Terror Bill

Will proposals regarding inquests in the Counter-Terrorism Bill breach human rights laws? Cathryn McGahey and Bilal Rawat investigate

In April 2005, just 11 weeks before the death of Jean Charles de Menezes, 24-year-old Londoner Azelle Rodney was shot and killed by an armed police officer. The Independent Police Complaints Commission (IPCC) subsequently referred the matter to the Crown Prosecution Service (CPS). In July 2006, the CPS announced that no police officers would face prosecution in relation to the death of Rodney.

Article 2 of the European Convention on Human Rights (the Conventioni) imposes an obligation on the state to conduct an effective investigation into a death caused by one of its agents. To comply with Art 2, any investigation must be independent and effective, must contain a sufficient element of public scrutiny to allow accountability and must allow the next-of-kin to participate to the extent necessary to safeguard his or her interests. A coroner's inquest is one forum in which the state may discharge its investigatory obligation under Art 2.

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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

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Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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