Lethal Force /Article 2 / related items in European & Domestic Courts

•   European Court Collusion judgements (Statements and hyperlinks to judgements)

•   Investigating Lethal Force Deaths in Northern Ireland. The Application of Article 2 of the European Convention on Human Rights.
    A report from the Northern Ireland Human Rights Commission ()

•  Memorandum incorporating the response by the British Government to the Committee of Ministers of the Council of Europe concerning 6 lethal force cases in Northern Ireland ():
  •  Jordan v UK, May 2001
  •  Kelly & Others v UK, May 2001
  •  McKerr v UK, May 2001
  •  Shanaghan v UK, May 2001
  •  McShane v UK, May 2002
  •  Finucane v UK, July 2003

•  Northern Ireland: A Report to the Association of the Bar of the City of New York from a Mission of the Committee On International Human Rights March 2004

•  Can Kill, Won't Count: The UK and the civilian death-toll in post-war Iraq (November 2003)
  A report from Plaid Cymru MP Adam Price with reference to the implications of Article 2 for the investigation of civilian deaths in Iraq caused by the British military. ()

•  Regina v. Secretary of State for the Home Department (Respondent) ex parte Amin (FC) (Appellant)
  This judgement strengthens the European Court of Human Rights decision in the cases of Jordan, Kelly & Ors, Shanaghan and McKerr v. UK. In Amin, the House of Lords held that the standards laid down by the European Court in Jordan et al set minimum standards that a state must meet to be Article 2 compliant. Thus, the Amin decision brings these standards into domestic law.

  see also http://www.indymedia.org.uk/en/2003/10/279081.html
  

•  CAJ condemns refusal of PSNI to disclose documents to coroner (6th October 03)

•  High Court of Justice in Northern Ireland, Queen's Bench Division (Judicial Review)
   In the matter of an application by David Wright for Judicial Review
   The applicant claimed that the failure to carry out a thorough, impartial and independent investigation into the outstanding questions surrounding the death of his son constitutes a breach of article 2 of the European Convention on Human Rights.

•  Court of Appeal in Northern Ireland
   In the matter of an application by David Adams for Judicial Review
   The appellant David Adams sought judicial review of decisions of the respondent, the Director of Public Prosecutions for Northern Ireland (the DPP), not to prosecute police officers in respect of matters which occurred at and following the arrest of the appellant on 10 February 1994 or to provide adequate reasons for those decisions.

•  Middleton, R (on the application of) v HM Coroner for West Somersetshire [2002] EWCA Civ 390 (27th March, 2002)
   These two appeals raise important issues as to the application in United Kingdom domestic law of Article 2 of the European Convention on Human Rights and Freedoms (“the Convention”) which provides that “everyone’s right to life shall be protected by law”. Article 2 imposes two distinct but complementary obligations on the State. These two appeals concern the extent to which there is a duty on the State to conduct an investigation into the death of an individual where it is alleged that, exercising reasonable care, the State could and should have prevented the death.

•  Appellate Committee Report (11 March 2004)
   Regina v. Her Majesty's Coroner for the Western District of Somerset (Respondent) and other (Appellant) ex parte Middleton (FC) (Respondent)

•  Between the Queen on the Application of Mahammed Farooq Khan - Appellant - and - The Secretary of State for Health - Respondent. 10th October 2003.
   The legal issues on this appeal are addressed by asking five questions:
   1) What is the content of the state's Article 2 obligation in the present case?(2) Has that obligation already been performed?(3) If the state has not yet performed that obligation, can the holding of the inquest satisfy that obligation if Mr Khan cannot play an effective part in it himself?(4) If the answer to question 3 is "no", does the 1998 Act apply, so that Mr Khan can obtain relief in a national court?(5) Whatever the answer to the first four questions does the Secretary of State have power to make the necessary funding available?

•  High Court of Justice in Northern Ireland, Queen's Bench Division (Judicial Review)
   In the matter of an application by Owen McCaughey & Pat Grew for Judicial Review
   This is an application by the fathers of Martin McCaughey and Desmond Grew, who were killed by soldiers on 9 October 1990, for Judicial Review of the decisions of the Chief Constable and the Coroner concerning the disclosure of documents for the purposes of the Inquests into the deaths.

•   Journal and Book References

•  The Committee on the Administration of Justice has published a number of articles on Article 2 in Just News.
   See articles below and search by month at http://www.caj.org.uk/jnarchive.html

In May 2002 the European Court of Human Rights found that the British Government had violated Article 2 of the ECHR (the right to life article) in a number of controversial lethal force cases in the North of Ireland.

Hugh Jordan

•  Hugh Jordan v the United Kingdom ()

•  see also Court of Appeal Northern Ireland (12th December 2003)
  In the matter of an application by Hugh Jordan for Judicial Review
  This is an appeal from the decision of Kerr J dismissing an application by Hugh Jordan for judicial review of the “continuing decision” of the Director of Public Prosecutions for Northern Ireland (“the DPP”) refusing to give reasons other than in the most general terms for his decision not to prosecute the police officer who caused the death of Pearse Jordan, the son of the appellant.
•  see also High Court of Justice in Northern Ireland, Queen's Bench Division (Judicial Review)
  In the matter of an application by Hugh Jordan for Judicial Review
  This is an application by Hugh Jordan for judicial review of the decision of the Director of Public Prosecutions for Northern Ireland refusing to give reasons for his decision not to prosecute the police officer who caused the death of the applicant's son Pearse Jordan.
•  see also High Court of Justice in Northern Ireland, Queen's Bench Division (Crown Side)
  In the matter of an application by Hugh Jordan for Judicial Review
  By this application, Hugh Jordan, the father of Pearse Jordan, deceased, challenges a decision of the Chief Constable of the Royal Ulster Constabulary to withhold certain documents (which Mr Jordan had sought for the purpose of an inquest into the death of his son) unless an undertaking is given that the documents will only be used for certain specified purposes.

Gervaise McKerr, shot dead by the RUC in 1982.

•  McKerr v the United Kingdom ()
•  see also Family granted leave to appeal, February 2002
•  House of Lords: Opinions of the Lords of Appeal for Judgement in the cause In re McKerr (AP) (Respondent) (Northern Ireland) (11 March 2004)

Patrick Shanaghan

•  Patrick Shanaghan v the United Kingdom ()

Patrick Kelly

•  Kelly and others v the United Kingdom ()
   This case taken to the European Court involving the families of those killed by the SAS at Loughgall, Co Armagh, in May 1987. Eight members of the IRA and a passing civilian were ambushed in most of the most controversial shoot-to-kill incidents of the Troubles. The Loughgall Truth and Justice Campaign, composed of the families of the nine men who died, have put together a fact file on the incident.

Dermot Mc Shane

•  Mc Shane v the United Kingdom May 2002 ()
  The judgement in the case taken by Treasa Mc Shane, whose husband Dermot was run over and killed by a British Army APC during rioting in Derry in July 1996. The Court found that there has been a failure to comply with the procedural obligation imposed by Article 2 of the Convention and that there has been, in this respect, a violation of that provision.

Pat Finucane

•  European Court of Human Rights Judgement in the case Finucane v. the United Kingdom (1 July 2003)
•  European Court of Human Rights Press Release in the case Finucane v. the United Kingdom

Patsy Kelly

•  Kelly Judicial Review hears no re-investigation ever took place (Ulster Herald, Oct. 3 2003)
•  Kelly family renew call for independent inquiry (Irish News, 16.03.2004)

David McIllwaine

•  Father Alleges PSNI Cover-up over Murders (News Letter, 21.11.2003)
•  Paul McIllwaine's search for truth and justice about the murder of his son: In The Dead Of Night (Andersonstown News, 13.12.2003)
•  Police may use gagging order over death papers ( Belfast Telegraph, 24.02.2004)

Derry specific

•  Derry families mount legal action against DPP, 20th February 2002.

Kathleen Thompson

•  Press statement from the family of Kathleen Thompson (29.09.04)

•  Soldier could be charged 30 years after shooting / Daughter 'doesn't want prosecution' (Irish News, 23.09.04)

•  Application by Marie Louise Thompson for Judicial Review of a Decision of the Director of Public Prosecutions, September 2004
  •  Skeleton Argument ()
  •  Supplemental Skeleton Argument ()

•  Madden & Finucane Solicitors Press release
•  Family win judicial review / Judge slams murder investigation

Manus Deery

•  Leave Granted For Judicial Review Against DPP, 6th March, 2002.
•  Manus Deery Factfile