McKerr v. United Kingdom - 28883/95 [2009] ECHR 651 (17 April 2009)

McKerr v. United Kingdom - 28883/95 [2009] ECHR 651 (17 April 2009)

The Court found that the United Kingdom had violated its procedural obligations under Article 2 by failing to ensure effective and independent investigations into the deaths in question.

Source-derived case information.

Citation
[2009] ECHR 651
Parties
Applicant: Jordan; Applicant: McKerr; Applicant: Kelly and others; Applicant: Shanaghan; Applicant: McShane; Applicant: Finucane
Jurisdiction
European Union
Judgment Date
17 April 2009
Procedural Posture
Multiple Applications to the European Court of Human Rights / Final Judgment and Adoption by Committee of Ministers
Outcome
Violation of Article 2 found against the United Kingdom
Legal Topics
Right to Life, Investigation of Deaths, State Obligations, European Convention on Human Rights Article 2
Human Rights Law Right to Life Investigation of Deaths State Obligations European Convention on Human Rights Article 2

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jordan

Applicant

McKerr

Applicant

Kelly and others

Applicant

Shanaghan

Applicant

McShane

Applicant

Finucane

Applicant

Procedural Posture

Multiple Applications to the European Court of Human Rights / Final Judgment and Adoption by Committee of Ministers

Legal Issues

  1. 1 Whether the United Kingdom fulfilled its procedural obligations under Article 2 of the European Convention on Human Rights to conduct effective investigations into deaths

Ratio Decidendi

The Court found that the United Kingdom had violated its procedural obligations under Article 2 by failing to ensure effective and independent investigations into the deaths in question.

Court Disposition

Violation of Article 2 found against the United Kingdom

Orders

  • The United Kingdom is required to take measures to ensure effective investigations in compliance with Article 2.
  • Judgments adopted by the Committee of Ministers on 19 March 2009.