Al-Skeini & Ors, R (on the application of) v Secretary of State for Defence [2005] EWCA Civ 1609 (21 December 2005)

Al-Skeini & Ors, R (on the application of) v Secretary of State for Defence [2005] EWCA Civ 1609 (21 December 2005)

The Court of Appeal held that the ECHR did not apply to the deaths of the first five Iraqi civilians as the UK was not in effective control of Basrah City for the purposes of Article 1 ECHR, and thus the HRA did not apply to those cases. However, in the case of Baha Mousa, who died in UK custody, the ECHR and HRA did apply on the basis of state agent authority. The court found that it was premature to determine whether the UK's procedural obligations under Articles 2 and 3 ECHR had been breached in the Mousa case and remitted the issue for further consideration.

Citation
[2005] EWCA Civ 1609
Parties
Appellants/claimants: Mazin Mumaa Galteh Al-Skeini and Others; Respondents/defendants: Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Judicial Review / Human Rights Claim / Appeal From Divisional Court to Court of Appeal
Outcome
Appeal dismissed; Cross-appeal dismissed (with adjustment in Mousa case)
Legal Topics
Extra Territorial Application of ECHR, Jurisdiction Under Article 1 ECHR, Application of Human Rights Act 1998, State Responsibility for Acts Abroad, Procedural Obligations Under Articles 2 and 3 ECHR
Human Rights Law Public International Law Military Law Extra Territorial Application of ECHR Jurisdiction Under Article 1 ECHR Application of Human Rights Act 1998 State Responsibility for Acts Abroad Procedural Obligations Under Articles 2 and 3 ECHR

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Parties

Mazin Mumaa Galteh Al-Skeini and Others

Appellants/claimants

Secretary of State for Defence

Respondents/defendants

Procedural Posture

Judicial Review / Human Rights Claim / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Does the Human Rights Act 1998 apply to acts of UK armed forces in Iraq?
  2. 2 Does the European Convention on Human Rights apply to the deaths of Iraqi civilians caused by UK forces?
  3. 3 Were the procedural obligations under Articles 2 and 3 ECHR breached in the case of Baha Mousa?

Ratio Decidendi

The Court of Appeal held that the ECHR did not apply to the deaths of the first five Iraqi civilians as the UK was not in effective control of Basrah City for the purposes of Article 1 ECHR, and thus the HRA did not apply to those cases. However, in the case of Baha Mousa, who died in UK custody, the ECHR and HRA did apply on the basis of state agent authority. The court found that it was premature to determine whether the UK's procedural obligations under Articles 2 and 3 ECHR had been breached in the Mousa case and remitted the issue for further consideration.

Court Disposition

Appeal dismissed; Cross-appeal dismissed (with adjustment in Mousa case)

Orders

  • Appeal of the first five claimants dismissed; ECHR and HRA do not apply to their cases.
  • Cross-appeal of the Secretary of State dismissed; ECHR and HRA apply to the Mousa case.