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Re Application by Finucane for Judicial Review

United Kingdom, Northern Ireland.  27 February 2019 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Right to life — Article 2 of European Convention on Human Rights, 1950 — Substantive obligation — Procedural obligation — Procedural obligation requiring State to carry out effective official investigation into circumstances of death — Human Rights Act 1998 entering into force on 2 October 2000 — Murder occurring in Northern Ireland in February 1989 — Allegations of State collusion — Strasbourg and United Kingdom jurisprudence — ŠilihMcCaugheyJanowiec — Whether genuine connection test satisfied — Whether genuine connection between triggering event of death and critical date of 2 October 2000 — Whether ten-year limit flexible — Most of investigation taking place after critical date — Whether relevant — Whether investigation complying with Article 2 of Convention — Doubt expressed by Sir Desmond de Silva as to whether murder would have occurred without State agent involvement — Relevance — Requirements of Article 2-compliant inquiry — Deficiencies of inquiries conducted to date — New material — Decision of Committee of Ministers — Relevance — Whether United Kingdom breaching procedural obligation under Article 2 of Convention — Whether declaration appropriate — Whether need further to investigate circumstances of murder

Treaties — Application — Human rights treaties — European Convention on Human Rights, 1950 — Right to life — Article 2 — Substantive obligation — Procedural obligation — Procedural obligation requiring State to carry out effective official investigation into circumstances of death — Human Rights Act 1998 — Death occurring before Human Rights Act 1998 entering into force on 2 October 2000 — Whether procedural obligation arising — Strasbourg and United Kingdom jurisprudence — ŠilihMcCaugheyJanowiec — Whether genuine connection test satisfied — Whether genuine connection between triggering event of death and critical date of 2 October 2000 — Whether ten-year limit flexible — Most of investigation taking place after critical date — Whether relevant — Whether investigation complying with Article 2 of Convention — Doubt expressed by Sir Desmond de Silva as to whether murder would have occurred without State agent involvement — Relevance — Requirements of Article 2-compliant inquiry — Deficiencies of inquiries conducted to date — New material — Decision of Committee of Ministers — Relevance — Whether United Kingdom breaching procedural obligation under Article 2 of Convention — Whether declaration appropriate — Whether need further to investigate circumstances of murder

Relationship of international law and municipal law — European Convention on Human rights, 1950 — Human Rights Act 1998 — Human Rights Act 1998 entering into force on 2 October 2000 — Murder occurring in Northern Ireland in February 1989 — Allegations of State collusion — Article 2 of Convention — Substantive obligation — Procedural obligation — Procedural obligation requiring State to carry out effective official investigation into circumstances of death — Strasbourg and United Kingdom jurisprudence — ŠilihMcCaugheyJanowiec — Whether genuine connection test satisfied — Whether genuine connection between triggering event of death and critical date of 2 October 2000 — Whether ten-year limit flexible — Most of investigation taking place after critical date — Whether relevant — Whether investigation complying with Article 2 of Convention — Doubt expressed by Sir Desmond de Silva as to whether murder would have occurred without State agent involvement — Relevance — Requirements of Article 2-compliant inquiry — Deficiencies of inquiries conducted to date — New material — Decision of Committee of Ministers — Relevance — Whether United Kingdom breaching procedural obligation under Article 2 of Convention — Whether declaration appropriate — Whether need further to investigate circumstances of murder — Whether possible for appellant to maintain action in domestic courts under Human Rights Act 1998 when Act not in force at time of her husband’s murder — The law of the United Kingdom

Type
Case Report
Copyright
© Cambridge University Press 2020

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