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Al Fayedv. Lord Advocate and Advocate General

United Kingdom, Scotland.  12 March 2004 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Treaties — Interpretation — European Convention on Human Rights, 1950 — Scope of United Kingdom’s obligations under Convention — Nature of jurisdiction in Article 1 of Convention — Whether territorial or personal — European Court of Human Rights and United Kingdom case law — Practical considerations — Analysis of right claimed by petitioner under Article 2 of Convention — Whether United Kingdom having obligations under Convention — Whether Scottish Ministers obliged under Article 2 of Convention to hold specially convened public inquiry into death of petitioner’s son — Whether United Kingdom security services implicated in death — Constitutional responsibility of Scottish Ministers — Appropriate remedy under Article 34 of Convention

Jurisdiction — Territorial jurisdiction — General international law principle — State having exclusive jurisdiction over events occurring within its territory — Corollary of every other State having to respect that exclusive territorial jurisdiction — Ordinary usage of “jurisdiction” in international law — Whether principle applicable to treaties — Whether applicable to European Convention on Human Rights, 1950, Article 1

Human rights — Right to life — Right of next-of-kin to effective official public investigation when arguable that person killed as result of use of force — Next-of-kin having derivative right based on deceased’s own right to life — European Convention on Human Rights, 1950, Article 2 — Whether Scottish Ministers including Lord Advocate contravening petitioner’s rights under Article 2 of Convention — The law of Scotland

Type
Case Report
Copyright
© Cambridge University Press 2012

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