Case summaries
ECtHR - D. v. The United Kingdom, Application No. 30240/96, 2 May 1997
Keywords:
Effective remedy (right to), Humanitarian considerations, Inhuman or degrading treatment or punishment, Personal circumstances of applicant, Country of origin, Family unity (right to), Real risk, Health (right to)
The case involved the proposed removal of a convicted alien drug courier dying of AIDS to his country of origin, St Kitts, where he had no access to proper medical treatment, nor accommodation, family, moral or financial support. The Court found that his deportation would amount to a breach of Art. 3 obligations by the UK.
Date of decision:
02-05-1997
Relevant International and European Legislation:
Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 8,Article 13
ECtHR - McCann and others v United Kingdom, Application No. 18984/91, 27 September 1995
Country of applicant:
United Kingdom
Keywords:
Actors of protection, Actor of persecution or serious harm, Effective remedy (right to), Terrorism, Internal armed conflict
The killing of 3 IRA terrorist by SAS soldiers in order to prevent a suspected bomb attack is alleged as a deprivation of the right to life under Article 2 of the Convention. The ECtHR rules that the UK authorities were in breach of Article 2 in the control and organisation of the operation against the suspects.
Date of decision:
27-09-1995
Relevant International and European Legislation:
Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 8,Article 9,Article 10,Article 11,Article 13,Article 28,Article 50