Al-Skeini v United Kingdom
(2011) 53 EHRR 18
Ratio Decidendi
When a Contracting State exercises physical power and control over individuals during military operations abroad, it brings those individuals within its jurisdiction for the purposes of Article 1 ECHR, triggering Convention obligations.
Fapte
Six Iraqi civilians were killed by British soldiers in Basra between 2003 and 2004. Their relatives complained to the ECtHR that the UK had failed to investigate the deaths adequately and had violated their Article 2 rights.
Rezumatul hotărârii
The Grand Chamber held that the UK exercised authority and control over the individuals killed and that these individuals therefore fell within UK jurisdiction. The UK was obliged to carry out effective investigations into the deaths, which it had failed to do.
Citate cheie
"Whenever the State through its agents exercises control and authority over an individual, the State is under an obligation under Article 1 to secure to that individual the rights and freedoms under Section 1 of the Convention."
— Grand Chamber
Tratament ulterior
Led to the establishment of the Iraq Historic Allegations Team and extensive post-conflict litigation.