Articles 2 and 3 Flashcards
R (Middleton) v HM Coroner West Somerset
Right to life is the highest priority of a modern democratic state
McCann, Farrell and Savage v UK
Death on the Rock case - actions of individual soldiers were lawful (protecting innocent lives), but UK had a duty of command and control to train soldiers when to apply and where to restrain the use of deadly force
Al-Skeini v UK
Investigative duty extended to Iraq - 6 civilians killed by British Soldiers
Armani Da Silva v UK
An investigation will not be inadequate if it does not result in prosecution due to insufficient evidence
Osman v UK
Duty for public bodies to safeguard life if they knew or ought to have known that there was a real and immediate risk to life to an individual and failed to take appropriate measures
Must have criminal justice systems that properly punished and deter homicide offences
R(A) v Lord Saville of Newdigate
Paratroopers could not be forced to travel to NI to give evidence if it would be an unreasonable endangerment to their lives
Venables v News Group
New identities released by News Group - argued that this was not in the public interest and put them at unnecessary risk
Smith, Allbutt & Ellis v MoD
State have an obligation to protect soldier’s lives in the planning and equipment for operations
Rabone v Pennine Care NHS Trust
Positive obligation to care for those under their care at real and immediate risk of death
NHS Trust A v M; NHS Trust B v H
Withdrawal of treatment from patient in a vegetative state would not constitute a breach of Article 2
R (Purdy) v DPP
Assisted suicide - under an obligation to prevent taking life
Ex parte Pretty
Balance between Articles 2 and 3 - sought assurances that partners who assisted would not be prosecuted
R (Amin) v SoSHD
Young offender in Feltham placed with known racist who killed him
Investigation required the full cooperation and participation of the family
R (Q) S SoSHD
Article 3 imposes a positive duty to prevent individuals from being subjected to t/i&dt
R (Bagdanavicius) v SoSHD
A claimant may be able to establish a claim under Article 3 if he can show that the authorities knew of particular circumstances likely to expose him to ill-treatment
R (B) v Responsible Medical Officer, Broadmoor Hospital
Relevant factors in defining torture - nature, context, manner of execution, duration, mental and physical effects and impact on health
Aksoy v Turkey
Palestinian hanging and beatings = torture
Aydin v Turkey
Beatings, raped, sprayed with high-pressure hose = torture
Ireland v UK
Wall standings, deprivation of food/water/sleep, subject to loud noises and hooding - not torture
Torture - special stigma for deliberate inhumane treatment causing very serious and cruel suffering
Pretty v UK
‘Treatment’ - ill treatment that attains a minimum level of severity and involves actual bodily injury or intense physical or mental suffering
Degrading - humiliates or debases an individual, arousing feelings of fear, anguish or inferiority capable of breaking an individual’s moral and physical resistance
Napier v Scottish Ministers
Practise of slopping out and lack of toilet facilities which aggravated facial eczema - held to be inhuman and degrading
Not a carte blanche for prisoners to complain of their conditions
R (Spinks) v SoSHD
Not inhuman/degrading treatment to remain in prison with adequate care for terminal cancer
Conduct would have to be of a wholly serious and unacceptable kind
R (T) v SoSHD
Asylum seeker ended up living at Heathrow Airport - not a breach of Article 3
N v SoSHD
Ugandan woman seeking asylum (HIV) faced deportation - argued this was IDT due to lack of medical treatment in Uganda - not allowed
Soering v UK
Positive obligation of UK authorities to prevent extradition of German national to US where he would face death row - successfully argued this was IDT
Chahal v UK
Positive obligation to prevent C being subjected to real risk of mistreatment my rogue police agents as Punjab state would not intervene - extended Soering principle to where non-state actors represent the risk
R (Eritrea) v SoSHD
Duty not to deport foreign nationals did not just apply to countries where there was a real ‘systemic’ risk of IDT - each case must be considered on its own merits
Al-Saadoon and Mufdhi v UK
Transfer of two Iraqi nationals from British to Iraqi custody in relation to death of British soldiers - remained at real risk of execution - psychological suffering amounted to IDT
Vinter, Bamber and Moore v UK
Strasbourg held that whole life sentences with no opportunity for review were IDT
AGs Reference (69 of 2013)
Whole life tariff regime is compatible with Article 3
R v McLoughlin & Newell
Declined to follow Strasbourg decision and held that whole life sentence was not IDT - only had to take it into account
R (Burke) v GMC
Article 3 can outweigh Article 2 in some cases - child was subjected to invasive and painful medical treatment that medical professionals consider futile
