Articles 2 and 3

Question 1

R (Middleton) v HM Coroner West Somerset

Answer 1

Right to life is the highest priority of a modern democratic state

Question 2

McCann, Farrell and Savage v UK

Answer 2

Death on the Rock case - actions of individual soldiers were lawful (protecting innocent lives), but UK had a duty of command and control to train soldiers when to apply and where to restrain the use of deadly force

Question 3

Al-Skeini v UK

Answer 3

Investigative duty extended to Iraq - 6 civilians killed by British Soldiers

Question 4

Armani Da Silva v UK

Answer 4

An investigation will not be inadequate if it does not result in prosecution due to insufficient evidence

Question 5

Osman v UK

Answer 5

Duty for public bodies to safeguard life if they knew or ought to have known that there was a real and immediate risk to life to an individual and failed to take appropriate measures
Must have criminal justice systems that properly punished and deter homicide offences

Question 6

R(A) v Lord Saville of Newdigate

Answer 6

Paratroopers could not be forced to travel to NI to give evidence if it would be an unreasonable endangerment to their lives

Question 7

Venables v News Group

Answer 7

New identities released by News Group - argued that this was not in the public interest and put them at unnecessary risk

Question 8

Smith, Allbutt & Ellis v MoD

Answer 8

State have an obligation to protect soldier’s lives in the planning and equipment for operations

Question 9

Rabone v Pennine Care NHS Trust

Answer 9

Positive obligation to care for those under their care at real and immediate risk of death

Question 10

NHS Trust A v M; NHS Trust B v H

Answer 10

Withdrawal of treatment from patient in a vegetative state would not constitute a breach of Article 2

Question 11

R (Purdy) v DPP

Answer 11

Assisted suicide - under an obligation to prevent taking life

Question 12

Ex parte Pretty

Answer 12

Balance between Articles 2 and 3 - sought assurances that partners who assisted would not be prosecuted

Question 13

R (Amin) v SoSHD

Answer 13

Young offender in Feltham placed with known racist who killed him
Investigation required the full cooperation and participation of the family

Question 14

R (Q) S SoSHD

Answer 14

Article 3 imposes a positive duty to prevent individuals from being subjected to t/i&dt

Question 15

R (Bagdanavicius) v SoSHD

Answer 15

A claimant may be able to establish a claim under Article 3 if he can show that the authorities knew of particular circumstances likely to expose him to ill-treatment

Question 16

R (B) v Responsible Medical Officer, Broadmoor Hospital

Answer 16

Relevant factors in defining torture - nature, context, manner of execution, duration, mental and physical effects and impact on health

Question 17

Aksoy v Turkey

Answer 17

Palestinian hanging and beatings = torture

Question 18

Aydin v Turkey

Answer 18

Beatings, raped, sprayed with high-pressure hose = torture

Question 19

Ireland v UK

Answer 19

Wall standings, deprivation of food/water/sleep, subject to loud noises and hooding - not torture
Torture - special stigma for deliberate inhumane treatment causing very serious and cruel suffering

Question 20

Pretty v UK

Answer 20

‘Treatment’ - ill treatment that attains a minimum level of severity and involves actual bodily injury or intense physical or mental suffering
Degrading - humiliates or debases an individual, arousing feelings of fear, anguish or inferiority capable of breaking an individual’s moral and physical resistance

Question 21

Napier v Scottish Ministers

Answer 21

Practise of slopping out and lack of toilet facilities which aggravated facial eczema - held to be inhuman and degrading
Not a carte blanche for prisoners to complain of their conditions

Question 22

R (Spinks) v SoSHD

Answer 22

Not inhuman/degrading treatment to remain in prison with adequate care for terminal cancer
Conduct would have to be of a wholly serious and unacceptable kind

Question 23

R (T) v SoSHD

Answer 23

Asylum seeker ended up living at Heathrow Airport - not a breach of Article 3

Question 24

N v SoSHD

Answer 24

Ugandan woman seeking asylum (HIV) faced deportation - argued this was IDT due to lack of medical treatment in Uganda - not allowed

Question 25

Soering v UK

Answer 25

Positive obligation of UK authorities to prevent extradition of German national to US where he would face death row - successfully argued this was IDT

Question 26

Chahal v UK

Answer 26

Positive obligation to prevent C being subjected to real risk of mistreatment my rogue police agents as Punjab state would not intervene - extended Soering principle to where non-state actors represent the risk

Question 27

R (Eritrea) v SoSHD

Answer 27

Duty not to deport foreign nationals did not just apply to countries where there was a real ‘systemic’ risk of IDT - each case must be considered on its own merits

Question 28

Al-Saadoon and Mufdhi v UK

Answer 28

Transfer of two Iraqi nationals from British to Iraqi custody in relation to death of British soldiers - remained at real risk of execution - psychological suffering amounted to IDT

Question 29

Vinter, Bamber and Moore v UK

Answer 29

Strasbourg held that whole life sentences with no opportunity for review were IDT

Question 30

AGs Reference (69 of 2013)

Answer 30

Whole life tariff regime is compatible with Article 3

Question 31

R v McLoughlin & Newell

Answer 31

Declined to follow Strasbourg decision and held that whole life sentence was not IDT - only had to take it into account

Question 32

R (Burke) v GMC

Answer 32

Article 3 can outweigh Article 2 in some cases - child was subjected to invasive and painful medical treatment that medical professionals consider futile