*Al-Saadoon and others v Secretary of State for Defence

Human rights – Infringement of human rights. The present case concerned the determination of preliminary issues in claims involving allegations of ill-treatment, unlawful detention and unlawful killing of Iraqi civilians by British soldiers. The Administrative Court ruled on the circumstances in which art 1 of the European Convention on Human Rights applied. It further held that an investigative duty arose where there was an arguable breach of art 3 of the Convention and where an arguable violation of art 5 of the Convention amounted to an enforced disappearance. An investigative obligation under arts 2 or 3 of the Convention could not arise in circumstances where there had been no arguable substantive breach of arts 2 or 3 of the Convention.

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