Hassan v. United Kingdom

Abstract

Claims — Evidence — Human rights claims — Admissibility of evidence — Burden of proof — European Court of Human Rights — Effect of role of the Court on approach to evidence — Absence of formal rules on admissibility of evidence — Circumstances in which burden of proof shifts to government — Injury and death in custody

Human rights — Treaties — Scope of application — European Convention on Human Rights, Article 1 — Application during international armed conflict — Application to State in respect of events outside territory of that State — Relationship between Convention and international humanitarian law — Arrest and detention — Article 5 — Detention of prisoner of war under Third Geneva Convention, 1949 — Detention of civilian on security grounds under Fourth Geneva Convention, 1949 — Whether compatible with Article 5 — Article 2 — Extent of duty to investigate death

International tribunals — European Court of Human Rights — Role and function — Evidence — Burden of proof

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969, Article 31(3) — Human rights treaties — European Convention on Human Rights — Subsequent practice — Relevance of other rules of international law applicable between the parties — Relationship between Convention and rules of humanitarian law — Practice of States party to the European Convention involved in international armed conflict — Absence of derogations from the Convention

War and armed conflict — International armed conflict — Relationship between international humanitarian law and human rights law — Prisoners of war — Civilians — Arrest and detention — Whether detention in accordance with Third Geneva Convention or Fourth Geneva Convention contrary to Article 5(1) of the European Convention on Human Rights