Al-Saadoon and Mufdhi v. United Kingdom

Abstract

Human rights — Scope of application — Requirement that individual be within the jurisdiction of the respondent State — European Convention on Human Rights, 1950, Article 1 — Application to activities of State outside own territory — Circumstances relevant to determining whether person detained by forces of State outside its territory within jurisdiction of that State — Detention on authorization of territorial sovereign — Obligations of detaining State to territorial sovereign

Human rights — Right to life — Capital punishment — Transfer of detainee to State where death penalty carried out by hanging — Protocol 13 to the European Convention on Human Rights — Effect on interpretation of Article 2

Human rights — Fair trial — European Convention on Human Rights, Article 6 — Transfer of detainee to face trial in other State — Whether real risk of flagrant breach of Article 6 standards

War and armed conflict — Occupation — Presence of forces from former occupying power after end of occupation — Iraq — Multi-National Force — Powers — Relationship to Government of Iraq — United Nations mandate