Wednesday, 15 July 2009

New European Court Decision Raises Issue of Capital Punishment

A ruling by a Chamber of the European Court of Human Rights issued two weeks ago has declared admissible an application by two Iraqi nationals who claim that their surrender by United Kingdom forces to the Iraqi authorities when there was a real risk of being subjected to an unfair trial before the Iraqi High Tribunal followed by execution by hanging constituted a violation of their rights under article 2, 3 and 6 of the European Convention on Human Rights (available here).
This is the case that I reported on at the beginning of January. The Court had asked the UK not to proceed with the surrender, and although an initial injunction was issued by a UK judge to prevent this, it was subsequently overturned under what remain rather mysterious circumstances.
The case will now proceed on the merits.

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