XX (Appellant) versus Ministry of Defence (Respondent) [2017] UKSC 2
- 2017
- United Kingdom
Topics
Violent extremism Public securityLegal bases
European Convention on Human RightsCourts
The Supreme Court (UKSC), United KingdomLaws
Right to LibertyFacts
In February 2017, the applicant (Appellant) was captured by British forces in Basra, Iraq at his wife's home. The Government said that they found weaponry material for making explosives in the home. Following his capture, the applicant was held at a British army detention centre for 6 ½ weeks, and was then released after an internal review had concluded that a successful prosecution would be unlikely. Mr. XX brought out an action for damages against the United Kingdom alleging unlawful detention and maltreatment by British forces. This case was one of several hundred in which similar claims have been made. In this case, the claim is based in part on Article 5(1) of the ECHR, which provides that no one shall be deprived of his liberty except in six specified cases and in accordance with a procedure prescribed by law. The appellant also relied on Article 5(4), which requires that the detainee should be entitled to take proceedings by which the lawfulness of his detention may be tested. The controversial question in this case relates to the extent to which Article 5 applies to military detention in the territory of a non-Convention state in the course of operations in support of its government pursuant to mandates of the United Nations Security Council.
Legal grounds
Article 5 of the ECHR.
Findings
By a majority of 7-2 the Supreme Court dismissed Mr. XX’s appeal. In doing so, the court applied the House of Lords’ decision in XX v Secretary of State for Defence [2008] AC 332 where the Appellate Committee had held that Article 5(1) of the ECHR was displaced by the United Nations Security Council Resolutions authorising military operations in Iraq.