R (on the application of Smith) v Secretary of State for Defence
[2010] UKSC 29
Ratio Decidendi
Soldiers serving abroad on military operations remain within the jurisdiction of the UK for the purposes of Article 1 ECHR when on a UK military base, but the position is less clear for soldiers on patrol.
Fapte
Private Jason Smith died of heatstroke while serving in Iraq. His mother challenged the scope of the inquest, arguing that Article 2 ECHR applied to his death and required a broader investigation into systemic failures.
Rezumatul hotărârii
The Supreme Court held (by majority) that while a soldier inside a UK military base abroad was within UK jurisdiction for ECHR purposes, the position was more complex for soldiers on active patrol. The court ordered an enhanced inquest to examine the wider circumstances of the death.
Citate cheie
"A UK military base in Iraq is under the authority and control of the UK. A soldier on a base is within the UK's ECHR jurisdiction."
— Lord Phillips
Tratament ulterior
Extended by Smith v MOD [2013] regarding equipment decisions.