The Grand Chamber of the European Court of Human Rights gave its judgment today in Hassan v United Kingdom. The applicant complained of violations of the European Convention on Human Rights in relation to an Iraqi citizen who was captured by British forces in Iraq and detained for a period in Camp Bucca in 2003. The Grand Chamber found complaints based on Articles 1 and 2 of the Convention to be inadmissible, and found that in the circumstances of the case there had been no violation of Article 5 of the Convention (right to liberty and security of the person).
The Grand Chamber concluded that the capture and detention was consistent with the powers available to the United Kingdom under the Third and Fourth Geneva Conventions, and was not arbitrary. The Court observed that “This is the first case in which a respondent State has requested the Court to disapply its obligations under Article 5 or in some other way to interpret them in the light of powers of detention available to it under international humanitarian law”.
Dr Christopher Staker was counsel for the Government of the United Kingdom (led by James Eadie QC).
The Grand Chamber’s judgment can be found here.