European Court of Human Rights Rules on Detention of Iraqi National by British Armed Forces During 2003 Hostilities (September 16, 2014) [1]
On September 16, 2014, the Grand Chamber of the European Court of Human Rights (the Court) ruled in Hassan v. The United Kingdom [3] that the capture and detention of Tarek Hassan in Iraq by British armed forces during hostilities in 2003 did not constitute a violation of Article 5 §§ 1, 2, 3 or 4 (right to liberty and security) of the European Convention on Human Rights [4] and that complaints under Articles 2 (right to life) and 3 (prohibition of inhuman or degrading treatment) were inadmissible for lack of evidence. According to the press release [5], “[t]he Court found that there was no evidence to suggest that Tarek Hassan had been ill-treated while in detention or that the UK authorities had in any way been responsible for his death, which had occurred some four months after his release from Camp Bucca in a distant part of the country not controlled by the British forces.” The Court also rejected the UK’s argument that Hassan had not been within the jurisdiction of the United Kingdom, but held that Hassan’s capture and detention were “consistent with the powers available to the UK under the Third and Fourth Geneva Conventions, and had not been arbitrary.”