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Jury out on Terror Bill

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17 April 2008 / Cathryn Mcgahey
Issue: 7317 / Categories: Features , Public , Human rights , Constitutional law
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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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