Keyu & Ors v Secretary of State for Foreign & Commonwealth Affairs & Anor

Keyu & Ors v Secretary of State for Foreign & Commonwealth Affairs & Anor

The UK government is not under a legal obligation, under Article 2 ECHR, customary international law, or domestic public law, to establish a public inquiry into the Batang Kali killings. The temporal limitations of the Human Rights Act and binding domestic authority preclude such an obligation. The Secretaries of State's exercise of discretion was lawful and rational.

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
Civil Appeal / Appeal From Divisional Court Decision Refusing Judicial Review
Outcome
Appeal dismissed
Legal Topics
Article 2 ECHR Procedural Obligation, Customary International Law, State Responsibility, Judicial Review, Retrospectivity of Human Rights Act, Public Inquiry Discretion
Public Law Human Rights Law International Law Article 2 ECHR Procedural Obligation Customary International Law State Responsibility Judicial Review Retrospectivity of Human Rights Act +1 more

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Parties

Keyu & Others

Appellants

Secretary of State for Foreign and Commonwealth Affairs & Anr

Respondents

Procedural Posture

Civil Appeal / Appeal From Divisional Court Decision Refusing Judicial Review

Legal Issues

  1. 1 Whether the UK government is under a legal obligation to establish a public inquiry into the 1948 Batang Kali killings 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 by the Secretaries of State not to establish a public inquiry was unlawful under domestic public law principles

Ratio Decidendi

The UK government is not under a legal obligation, under Article 2 ECHR, customary international law, or domestic public law, to establish a public inquiry into the Batang Kali killings. The temporal limitations of the Human Rights Act and binding domestic authority preclude such an obligation. The Secretaries of State's exercise of discretion was lawful and rational.

Court Disposition

Appeal dismissed