Court of Appeal dismisses appeal that article 6 applies to the judicial review claim against the Prime Minister’s decision not to launch a public inquiry into alleged complicity in mistreatment and rendition - Matrix Chambers
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Court of Appeal dismisses appeal that article 6 applies to the judicial review claim against the Prime Minister’s decision not to launch a public inquiry into alleged complicity in mistreatment and rendition

Published:

Re: R (Reprieve) v The Prime Minister [2021] EWCA Civ 972

The Court of Appeal has dismissed an appeal by two MPs and the charity Reprieve against the Divisional Court’s decision that Article 6 European Convention on Human Rights (ECHR) does not apply to their judicial review claim against the Prime Minister’s decision not to order a public inquiry into alleged complicity of British state agents in the unlawful rendition, detention and mistreatment of individuals by other States, post September 2001.

In dismissing the appeal, the Court of Appeal held that the MPs and Reprieve were not ‘victims’ for the purposes of s.7 Human Rights Act 1998 and accordingly they cannot rely on an alleged violation of the procedural obligation under article 3 ECHR to challenge the decision not to hold a public inquiry.

 

James Stansfeld was involved.

 

Please find judgment here.