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ECHR Art. 2

In the matter of an application by Geraldine Finucane for Judicial Review (Northern Ireland)

Shortly after the UK Supreme Court delivered its judgment on 27 February in her application for judicial review, Geraldine Finucane read a statement on the steps of the court:

My family and I have endured three private police investigations, two confidential documentary reviews, secret government negotiations and a long and difficult court case. We have had to overcome obstacles the likes of which no other family has faced…”.

ECHR Art. 2, Local Developments, Right to Life

Coroners do not have powers to request disclosure of information that has already been determined by the AAIB

R(Secretary of State) v Her Majesty’s Chief Coroner for Norfolk (British Airline Pilots intervening) [2016] EWHC 2279

The High Court has ruled that coroners do not have a power to order disclosure of the transcript and/ or recording from a cockpit flight recorder, or to issue fines for failure to comply. 

ECHR Art. 2, Other Public Interest Cases, Right to Life

Hillsborough inquest jury rules that fans were unlawfully killed

The inquest jury of the Hillsborough disaster, by a 7-2 majority has determined that football fans who died in a crush at the infamous football match at Hillsborough Stadium, Sheffield on 15th April 1989, were unlawfully killed. 

ECHR Art. 2, Right to Life

Investigations into mistaken identity killing not a breach of Article 2 Right to Life

Armani da Silva v the United Kingdom (application no. 5878/08)

The European Court of Human Rights has ruled by thirteen votes to four that the UK government did not breach its procedural obligations under Article 2 of the European Convention on Human Rights, by failing to prosecute any individual involved in the death of Jean Charles de Menezes.  He was shot dead on 22nd July 2005, a few weeks following attacks on the London transport network, because police mistakenly believed him to be a suicide bomber. 

ECHR Art. 2, Right to Life

Case admitted straight from the County Court reaffirms Rabone ruling that voluntarily detained patients can be covered by Art. 2 duties

The European Court of Human Rights (ECtHR) admitted a case on appeal directly from the County Court in England and proceeded to affirm the UK Supreme Court’s ruling in Rabone v Penine Care NHS [2012].

ECHR Art. 13, ECHR Art. 2, Mental Health, Suicide

ECHR Art. 2: Right to Life

  • Supreme Court rules that hospital had duty to protect patient from committing suicide

Rabone and Anor. v Penine Care NHS Trust [2012] UKSC 2

The Supreme Court has ruled that a hospital had an ‘operational’ duty under ECHR Art. 2 to protect a voluntary patient from committing suicide.  Previously this duty only covered those who were detained under the Mental Health Act.

ECHR Art. 2, Right to Life