AM & Ors, R (on the application of) v Secretary of State for the Home Department & Ors

AM & Ors, R (on the application of) v Secretary of State for the Home Department & Ors

The majority held that the Secretary of State was obliged under Article 3 ECHR to institute an independent investigation into the alleged inhuman or degrading treatment of the appellants during the Harmondsworth disturbance once alerted to credible allegations in May 2007. The combination of civil proceedings, possible criminal investigations, and the Whalley inquiry did not satisfy the procedural obligation in the circumstances. However, by the time of the appeal, it was too late for a meaningful investigation, so only a declaratory order was appropriate.

Parties
Appellant: AM & Others; 1st Respondent: Secretary of State for the Home Department; 2nd Respondent: Kalyx Limited; Intervener: Bail for Immigration Detainees
Jurisdiction
England and Wales
Judgment Date
17 March 2009
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed in part; cross-appeal dismissed
Legal Topics
Article 3 ECHR, State Investigative Obligation, Immigration Detention, Procedural Obligations Under ECHR, Judicial Review
Human Rights Law Administrative Law Article 3 ECHR State Investigative Obligation Immigration Detention Procedural Obligations Under ECHR Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

AM & Others

Appellant

Secretary of State for the Home Department

1st Respondent

Kalyx Limited

2nd Respondent

Bail for Immigration Detainees

Intervener

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the state was obliged under Article 3 ECHR to institute an independent investigation into alleged inhuman or degrading treatment at Harmondsworth Immigration Detention Centre during the November 2006 disturbance.
  2. 2 Whether the combination of civil proceedings, possible criminal investigations, and an internal Home Office inquiry satisfied the procedural obligations under Article 3.
  3. 3 Whether it was too late for an effective investigation to be conducted.

Ratio Decidendi

The majority held that the Secretary of State was obliged under Article 3 ECHR to institute an independent investigation into the alleged inhuman or degrading treatment of the appellants during the Harmondsworth disturbance once alerted to credible allegations in May 2007. The combination of civil proceedings, possible criminal investigations, and the Whalley inquiry did not satisfy the procedural obligation in the circumstances. However, by the time of the appeal, it was too late for a meaningful investigation, so only a declaratory order was appropriate.

Court Disposition

Appeal allowed in part; cross-appeal dismissed

Orders

  • Declaration that the Secretary of State failed to meet the United Kingdom’s obligation under Article 3 ECHR to institute an independent inquiry into the handling of the Harmondsworth disturbance.
  • No mandatory order for an inquiry due to lapse of time.