MoD defeated on soldiers' human rights

Human rights apply to British troops serving abroad, a High Court judge has ruled.

In Smith v The Assistant Deputy Coroner for Oxfordshire, Mr Justice Collins held the Human Rights Act 1998 (HRA 1998) could apply to British servicemen and women “wherever they may be”, and ruled that the families of military personnel should get legal aid and access to military
documents.

The test case involved a request for military inquest guidelines in the inquest of soldier Jason Smith, who died of heatstroke while serving in Iraq. The Ministry of Defence argued that it was
impossible to apply the protection of the HRA 1998 to soldiers on active service.

Defence secretary, Des Browne, issued a separate judicial review of the Oxfordshire coroner’s decision, arguing the phrase “serious failure” was  incompatible with r 42(ii) of the Coroner’s Rules 1984. However, Collins J rejected this argument.

Hodge, Jones and Allen partner, Jocelyn Cockburn, who acted for Smith’s family, says: “The government must take reasonable steps not to put soldiers at increased risk to their life unnecessarily. Where a soldier is killed in circumstances where the state may be to blame then there must be a full inquest into the death. The family must have access to the investigatory process...and the coroner must rule on failings that have occurred so changes can be made to avoid further deaths.”