R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily
“British soldiers on active service abroad were not, as such, within the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and were accordingly not protected by the Convention rights scheduled to the Human Rights Act 1998. Assuming, however, that the Convention did protect servicemen abroad, a inquest that complied with the procedural obligation in art 2 was not automatically required whenever a member of the armed forces died on active service.”
WLR Daily, 1st July 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
