Al-Skeini v United Kingdom; Al-Jedda v United Kingdom
(Application No. 55721/07) (Application No. 27021/08)
07 Jul 2011
Share
On 7 July 2011 the Grand Chamber of the European Court of Human Rights handed down judgments in Al-Skeini v United Kingdom (Application No. 55721/07) and Al-Jedda v United Kingdom (Application No. 27021/08). The judgments confirm that the UK Government’s human rights obligations are not limited to the territorial UK but can exceptionally extend overseas to situations in which British officials exercise ‘control and authority’ over foreign nationals.
Al-Skeini concerned the killing of six Iraqi civilians by British soldiers in southern Iraq, including the brutal death of Baha Mousa during his detention at a UK army base. In 2007, the House of Lords held that the Human Rights Act 1998 did not apply to the soldiers’ actions save those on the army base. However, the Grand Chamber held that the UK Government had a duty to conduct an effective investigation into the deaths of all the civilians killed by British soldiers, whether or not they were within the confines of a UK military base. It based its decision on the fact that the UK had assumed responsibility for the maintenance of security in Southern Iraq and was exercising ‘control and authority’ over Iraqi civilians.
Al-Jedda involved the indefinite detention without charge of a dual British/Iraqi citizen in a Basra facility run by British forces. In 2007, the House of Lords held that the detention was lawful because the UK Government had been authorised to act by UN Security Council Resolution 1546. However, the Grand Chamber held that the Security Council Resolution did not displace the Government’s obligations to protect the right to liberty under Article 5 of the European Convention on Human Rights.
Michael Fordham QC, Shaheed Fatima and Naina Patel represented the applicants in Al-Skeini.
Michael Fordham QC and Shaheed Fatima represented the applicant in Al-Jedda.
Shaheed Fatima and Iain Steele represented Liberty and JUSTICE as interveners in Al-Jedda.
James Eadie QC represented the United Kingdom Government in both cases.
