Re Application by McGuigan for Judicial Review; Re Application by McKenna for Judicial Review

Abstract

Human rights — Prohibition on torture and inhuman and degrading treatment — Whether use of torture in Northern Ireland authorized by United Kingdom Government — Whether evidence to warrant investigation — Articles 2 and 3 of European Convention on Human Rights, 1950 — Investigative or procedural aspect — Duty to investigate — Standard of scrutiny — Nature and severity of case — Whether State enjoying margin of appreciation — Independence of investigation — Allegation that United Kingdom Government authorizing use of torture in Northern Ireland — Whether respondents failing to ensure full, independent and effective investigation into use of torture under Articles 2 and 3 of Convention, common law and customary international law — Whether Northern Ireland complying with Convention

Relationship of international law and municipal law — European Convention on Human Rights, 1950, Articles 2 and 3 — Human Rights Act 1998 coming into force on 2 October 2000 — Investigative or procedural aspect of Articles 2 and 3 of Convention — Events occurring in 1970s — Events pre-dating coming into force of Human Rights Act 1998 — Whether breach of Articles 2 and 3 of Convention — Whether enforceable under domestic law — Governing authority — In re McKerr — In re Finucane — Whether investigation required under common law — Whether investigation required under customary international law — Whether customary international law imposing obligation at common law to investigate conduct constituting torture or inhuman or degrading treatment — Whether Strasbourg Court or domestic court best placed to assess whether misled by United Kingdom Government

Terrorism — Northern Ireland in 1970s — Detainees suspected of terrorist activity — Allegation that United Kingdom Government authorizing use of torture in Northern Ireland — Whether State having duty to investigate — Articles 2 and 3 of European Convention on Human Rights, 1950 — Investigative or procedural aspect — Whether evidence to warrant investigation — Whether respondents failing to ensure full, independent and effective investigation into use of torture under Articles 2 and 3 of Convention, common law and customary international law — Whether Northern Ireland complying with Convention — The law of Northern Ireland