Keyu & Ors v Secretary of State for Foreign & Commonwealth Affairs & Anor [2014] EWCA Civ 312 (19 March 2014)

Keyu & Ors v Secretary of State for Foreign & Commonwealth Affairs & Anor [2014] EWCA Civ 312 (19 March 2014)

The Court of Appeal held that, notwithstanding the ECtHR Grand Chamber's decision in Janowiec v Russia, it is bound by domestic authority (Re McKerr, Re McCaughey) which precludes the application of Article 2 ECHR procedural obligations to deaths occurring before the Human Rights Act came into force. Therefore, the Secretary of State is not under a legal obligation to establish a public inquiry into the Batang Kali deaths under Article 2 ECHR or customary international law, and the exercise of discretion was not unlawful.

Citation
[2014] EWCA Civ 312
Parties
Appellants: Keyu & Others; Respondents: Secretary of State for Foreign and Commonwealth Affairs & Anr
Jurisdiction
England and Wales
Judgment Date
19 March 2014
Procedural Posture
Judicial Review / Appeal From Administrative Court
Outcome
Appeal dismissed
Legal Topics
Article 2 ECHR Procedural Obligation, Customary International Law, State Responsibility, Public Inquiry, Temporal Scope of ECHR
Human Rights Public Law International Law Article 2 ECHR Procedural Obligation Customary International Law State Responsibility Public Inquiry Temporal Scope of ECHR

Case Brief

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Parties

Keyu & Others

Appellants

Secretary of State for Foreign and Commonwealth Affairs & Anr

Respondents

Procedural Posture

Judicial Review / Appeal From Administrative Court

Legal Issues

  1. 1 Whether the Secretary of State is under a legal obligation to establish an independent and effective investigation under Article 2 ECHR
  2. 2 Whether a comparable obligation arises under customary international law enforceable at common law
  3. 3 Whether the exercise of discretion not to establish a public inquiry is vitiated on domestic public law grounds

Ratio Decidendi

The Court of Appeal held that, notwithstanding the ECtHR Grand Chamber's decision in Janowiec v Russia, it is bound by domestic authority (Re McKerr, Re McCaughey) which precludes the application of Article 2 ECHR procedural obligations to deaths occurring before the Human Rights Act came into force. Therefore, the Secretary of State is not under a legal obligation to establish a public inquiry into the Batang Kali deaths under Article 2 ECHR or customary international law, and the exercise of discretion was not unlawful.

Court Disposition

Appeal dismissed

Orders

  • No obligation to establish a public inquiry
  • No order for compensation