Regina (Keyu) and Others v. Secretary of State for Foreign and Commonwealth Affairs and Another

Abstract

Relationship of international law and municipal law — Treaties — Effect in municipal law — European Convention on Human Rights, 1950 — Article 2 of Convention — Human Rights Act 1998 incorporating Convention — General principle of non-retrospectivity of Convention — Whether Convention binding Contracting Party in relation to act taking place before entry into force of Convention for that Party — Critical date — Whether State having duty to investigate a suspicious death occurring before critical date — Whether two requirements satisfied — Whether relevant acts or omissions after critical date — Whether genuine connection between death and critical date — Whether ten-year threshold exceeded — Whether critical date when United Kingdom recognizing right to petition or when Convention entering into force — Whether underpinning of underlying values of Convention necessary — Article 1 of Convention — Whether United Kingdom failing to secure to everyone within its jurisdiction right to life — Whether appellants having right to public inquiry under Article 2 of Convention

Treaties — Application — Human rights treaties — European Convention on Human Rights, 1950 — Article 2 of Convention — General principle of non-retroactivity — Whether Convention binding Contracting Party in relation to act taking place before entry into force of Convention for that Party — Critical date — Whether State having duty to investigate a suspicious death occurring before critical date — Convention values — Whether underpinning of underlying values of Convention necessary — Whether appellants having right to public inquiry under Article 2 of Convention

Relationship of international law and municipal law — Customary international law — Whether international law requiring inquiry into killings by 1948 — Whether United Kingdom having obligation to investigate killings — Whether any principle could be recognized by common law — Whether appellants having right to public inquiry under common law by virtue of incorporated principles of customary international law — Whether decisions reached by respondents rational and proportionate — Whether appellants having right to public inquiry under common law by virtue of judicial review

Human rights — Human rights treaties — Nature and scope — European Convention on Human Rights, 1950 — Article 1 — Duty of Contracting Parties to secure rights and freedoms under Convention to persons within their jurisdiction — Killings by British Army in State of Selangor in 1948 — Whether within jurisdiction of United Kingdom — Whether United Kingdom responsible for deaths — Whether United Kingdom responsible for holding inquiry into deaths — Whether United Kingdom failing to secure to everyone within its jurisdiction right to life — Whether appellants having right to public inquiry under Article 2 of Convention

Jurisdiction — Territory — State of Selangor — Former British Protected State in Federation of Malaya — Killings by British Army in Selangor in 1948 — Federation of Malaya becoming independent in 1957 — European Convention on Human Rights, 1950 — Securing of rights and freedoms within United Kingdom jurisdiction — Whether deaths occurring in circumstances within jurisdiction of United Kingdom within meaning of Article 1 of Convention — Temporal jurisdiction — Whether deaths occurring within jurisdiction if Convention had been in force in Malaya in 1948 — Whether time between deaths and extension of Convention to Malayan Federation less than ten years — Whether Strasbourg test satisfied — Whether United Kingdom responsible for deaths in 1948 — Constitutional arrangements between United Kingdom and Federation of Malaya in 1957 — Whether affecting any domestic law duty — Whether United Kingdom exercising control over persons who died — Whether conduct of British Army within United Kingdom jurisdiction — Whether United Kingdom responsible for holding inquiry into deaths — Whether any jurisdictional obstacle to ordering an inquiry into killings

State succession — State of Selangor — Former British Protected State in Federation of Malaya — Killings by British Army in Selangor in 1948 — Federation of Malaya becoming independent in 1957 — Constitution of Federation of Malaya providing for rights, liabilities and obligations to pass from United Kingdom to Federation — Alleged misconduct by British Army — State liability for deaths — Whether remaining with State responsible for deaths or passing to successor State — Whether different constitutional arrangements between United Kingdom and Federation of Malaya affecting rights of victims against United Kingdom — Whether domestic rights arising from European Convention on Human Rights, 1950, international law or common law principles — Whether United Kingdom responsible for deaths — Whether United Kingdom having duty to hold inquiry into deaths

State responsibility — State of Selangor — Former British Protected State in Federation of Malaya — Killings by British Army in Selangor in 1948 — Federation of Malaya becoming independent in 1957 — Constitution of Federation of Malaya providing for rights, liabilities and obligations to pass from United Kingdom to Federation — Alleged misconduct by British Army — State liability for deaths — Whether remaining with State responsible for deaths or passing to successor State — Whether different constitutional arrangements between United Kingdom and Federation of Malaya affecting rights of victims against United Kingdom — Whether domestic rights arising from European Convention on Human Rights, 1950, international law or common law principles — Whether United Kingdom responsible for deaths — Whether United Kingdom having duty to hold inquiry into deaths

Human rights — Right to life — Article 2 of European Convention on Human Rights, 1950 — Duty to investigate suspicious deaths — Separate and autonomous duty — Jurisprudence of European Court of Human Rights — Šilih — Janowiec — Convention not binding Contracting Party in relation to act taking place before date of entry into force of Convention with respect to that party — Critical date — Non-retrospectivity of Convention — Whether State having duty to investigate suspicious death occurring before critical date — Temporal jurisdiction — Genuine connection — Convention values — Whether United Kingdom having duty to hold inquiry into deaths

War and armed conflict — Killings by British Army in State of Selangor in Federation of Malaya in 1948 — State of emergency in Malaya — Federation of Malaya former British Protected State — Federation of Malaya becoming independent in 1957 — Whether United Kingdom responsible for deaths — Whether United Kingdom having duty to hold inquiry into deaths — The law of the United Kingdom