Articles 2 & 3 of the European Convention on Human Rights: the investigative obligation
The scope of the investigative obligation under Articles 2 and 3 has recently received attention from both the High Court and the Court of Appeal in a number of cases including Scholes v SSHD [2006] EWCA Civ 1343, JL v SSHD [2006] EWHC 2558 (Admin) and D v SSHD [2006] EWCA Civ 143. The aim of this seminar is to review these recent developments and highlight the residual questions which still arise in this area. In particular the seminar will consider:
- When the investigative obligation arises under Articles 2 and 3 and what is its scope?
- What is required in order to satisfy the investigative obligation when it arises?
- What do Articles 2 and 3 require in cases not involving detention by the state eg. medical negligence or similar cases?
Eleanor Grey is a member of the Treasury "A" Panel. She was Junior Counsel to the Bristol Royal Infirmary Inquiry, Counsel to the Ayling and Kerr/Haslam Inquiries, and Junior Counsel for the Authorities of the House of Commons in the Hutton Inquiry. She has acted in an advisory capacity for parties involved in various other public inquiries, as well as advising extensively on the ECHR obligations to investigate deaths or life-threatening incidents.
Jenni Richards specialises in public law across a number of areas, including healthcare, prisons, local government powers and asylum. She acted for the Secretary of State for the Home Department in the recent case of Scholes in the Court of Appeal. She is a member of the Treasury A Panel.
Following Kate Grange's appointment to the Attorney General's B-panel, she has acted for the Crown in many public law cases and she has also acted on behalf of the Official Solicitor. Recently she has become part of the team of Counsel appearing in SIAC/Control Order cases for the Secretary of State and she is due to appear in a number of substantive cases in this area in early 2007. She has particular expertise in the immigration, prisons, mental health and community care fields and also undertakes local government and human rights work. She has also conducted a number of incapacity cases involving medical treatment and social care and in this capacity she has been instructed by the Official Solicitor. Last year she appeared on behalf of the SSHD in the House of Lords case of R (Limbuela) and Others v SSHD which considered the scope of Article 3 of the ECHR.
Date: Thursday 25th January 2007
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