The Supreme Court has extended the scope of an inquest into the shootings of two men by the British Army in Northern Ireland in 1990.
It held the coroner must comply with Art 2 of the European Convention on Human Rights, even though the Human Rights Act 1998 was not in force at the time of the deaths. The coroner will therefore investigate the “planning and control of the operation” as well as the causes of death.
No inquest has ever been held into the deaths of Martin McCaughey and Dessie Grew, who were the victims of an alleged shoot-to-kill policy by the British Army over their alleged involvement with the IRA.
Delivering judgment in McCaughey & Anor [2011] UKSC 20, Lord Phillips said: “It would not be satisfactory for the coroner to conduct an inquest that did not satisfy the requirements of Art 2 [everyone’s right to life shall be protected by law] leaving open the possibility of the appellants making a claim against the UK before the Strasbourg Court.”
John Wadham, group director of legal at the Equality and Human Rights Commission, which intervened in the case, said: “Where the state may have had a hand in the deaths of people, then the circumstances should be properly investigated and lessons learned where necessary. There are often long delays, sometimes years, between an unexplained death and an inquest hearing. This is an issue which we are planning to raise directly with the government.”
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