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The European Court of Human Rights (GC): Al-Jedda v. United Kingdom and Al-Skeini & Others v. United Kingdom

Published online by Cambridge University Press:  27 February 2017

Alka Pradhan
Alka Pradhan*
Affiliation:
Task Force on Detainee Treatment in Washington, D.C
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Abstract

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Type
International Legal Documents
Information
International Legal Materials , Volume 50 , Issue 6 , December 2011 , pp. 947 - 1050
Copyright
Copyright © American Society of International Law 2011

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References

End notes

* This text was reproduced and reformatted from the text available at the European Court of Human Rights website (visited Dec. 1, 2011) http://cmiskp.echr.coe.int/tkp197/search.asp?skin=hudoc-en.

1 Al-Jedda v. United Kingdom, App. No. 27021/08 (Eur. Ct. H.R. July 7, 2011); Al-Skeini & Others v. United Kingdom, App. No. 55721/07 (Eur. Ct. H.R. July 7, 2011).

2 Al-Skeini & Others v. Sec’y of State for Def. and Al-Skeini & Others v. Sec’y of State for Def., [2007] UKHL 26, 13, ¶ 78 (consolidated appeals taken from Eng.).

3 Al-Jedda was later stripped of his British citizenship.

4 Al-Jedda, supra note 1, ¶¶ 10-11.

5 A Special Immigration Appeals Commission held in a closed judgment that the Secretary of State had proved ‘‘on the balance of probabilities’’ that Al-Jedda had terrorism connections. Al-Jedda did not appeal this judgment. Al-Jedda, supra note 1, ¶ 15.

6 S.C. Res. 1546, U.N. Doc. S/RES/1546 (Aug. 6, 2004).

7 Charter of the United Nations art. 103, Oct. 24, 1945, 1 U.N.T.S. 16.

8 R. (on the application of Al-Jedda) (FC) v. Sec’y of State for Def. [2007] UKHL 58, ¶ 22 [hereinafter House of Lords Decision, Al-Jedda].

9 Behrami & Behrami v. France, App. No. 71412/01, Admissibility (Eur. Ct. H.R. May 31, 2007); Saramati v. France, Germany & Norway, App. No. 78166/01, Admissibility (Eur. Ct. H.R. May 31, 2007).

10 House of Lords Decision, Al-Jedda, supra note 8, ¶ 23.

11 Al-Jedda, supra note 1, ¶ 82.

12 Id. ¶¶ 109-110.

13 Id. ¶ 102.

14 Seven British troops were charged with crimes related to Baha Mousa’s death in 2005. One pled guilty, while the charges against the others were either dropped, or they were acquitted.

15 See, e.g., Bankovic & Others v. Belgium & Others [GC], App. No. 52207/99, ECHR 2001-XII.

16 Al-Skeini, supra note 1, ¶¶ 144, 149.

17 Id. ¶ 150.

18 Id. (Bonello, J., concurring, ¶ 16)

19 United Nations Human Rights Committee, General Comment No. 31, CCPR/C/21/Rev.1/Add.13, ¶ 10 (May 26, 2004).

20 The Court determined that Baha Mousa’s father, the sixth applicant, was not a victim of a breach of procedural obligation to investigate since a ‘‘full, public inquiry’’ was ongoing at the time of the decision.

1 Paragraph 12 of the Grand Chamber’s judgment.

2 Paragraph 67, House of Lords opinion in Al Skeini , [2007] UKHL 26.

3 See paragraph 12 of the Grand Chamber’s judgment.