header-logo header-logo

Human rights—Right to life—State’s obligation to investigate death

08 August 2013
Issue: 7572 / Categories: Case law , Law reports , In Court
printer mail-detail

McCaughey and others v United Kingdom (App no 43098/09) [2013] ECHR 43098/09, [2013] All ER (D) 260 (Jul)

European Court of Human Rights, Judges Ineta Ziemele, President, David Thór Björgvinsson, Päivi Hirvelä, George Nicolaou, Zdravka Kalaydjieva, Vincent De Gaetano, Paul Mahoney, 16 Jul 2013

It was an established principle that Art 2 of the European Convention on Human Rights required investigations to begin promptly and to proceed with reasonable expedition, and that was required quite apart from any question of whether the delay actually impacted on the effectiveness of the investigation.

In October 1990, MM and DG were shot in Northern Ireland by soldiers from a specialist unit of the British Army. The applicants were MM's mother and DG's father and daughter. In April 1993, the Director of Public Prosecutions decided not to prosecute the soldiers involved in the shooting. In 1994 and 1995, the Royal Ulster Constabulary (RUC) forwarded material to the coroner. Over two years went by before the coroner made his first contact with the applicants

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll