The dark face of our imperial past – UK Human Rights Blog

Posted November 30th, 2015 in armed forces, colonies, delay, human rights, inquests, inquiries, jurisdiction, news by sally

‘The Supreme Court has ruled that the United Kingdom was not obliged to hold a public inquiry into the shooting in December 1948 during the Malayan Emergency by British troops of 24 unarmed civilians at Batang Kali. The Court held that (1) the lapse of time meant that there was no Article 2 requirement to hold an inquiry; (2) a duty to hold an inquiry could not be implied into common law under the principles of customary international law; and (3) the decision not to hold an inquiry under the Inquiries Act 2005 was not open to challenge on ordinary judicial review principles. However, the Supreme Court did hold that the deaths were within the United Kingdom’s jurisdiction for the purposes of the application of the ECHR.’

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UK Human Rights Blog, 30th November 2015

Source: www.ukhumanrightsblog.com