40
HASSAN v. THE UNITED KINGDOM – JUDGMENT
which the States decided, when drafting the Convention, to apply to territories
overseas for whose international relations they were responsible. Article 56 § 1
provides a mechanism whereby any State may decide to extend the application of the
Convention, ‘with due regard ... to local requirements’, to all or any of the territories
for whose international relations it is responsible. The existence of this mechanism,
which was included in the Convention for historical reasons, cannot be interpreted in
present conditions as limiting the scope of the term ‘jurisdiction’ in Article 1. The
situations covered by the ‘effective control’ principle are clearly separate and distinct
from circumstances where a Contracting State has not, through a declaration under
Article 56, extended the Convention or any of its Protocols to an overseas territory for
whose international relations it is responsible (see Loizidou (preliminary objections),
cited above, §§ 86-89 and Quark Fishing Ltd v. the United Kingdom (dec.),
no. 15305/06, ECHR 2006-...).
(δ) The Convention legal space (‘espace juridique’)
141. The Convention is a constitutional instrument of European public order (see
Loizidou v. Turkey (preliminary objections), cited above, § 75). It does not govern the
actions of States not Parties to it, nor does it purport to be a means of requiring the
Contracting States to impose Convention standards on other States (see Soering, cited
above, § 86).
142. The Court has emphasised that, where the territory of one Convention State is
occupied by the armed forces of another, the occupying State should in principle be
held accountable under the Convention for breaches of human rights within the
occupied territory, because to hold otherwise would be to deprive the population of
that territory of the rights and freedoms hitherto enjoyed and would result in a
‘vacuum’ of protection within the ‘Convention legal space’ (see Loizidou (merits),
cited above, §78; Banković, cited above, § 80). However, the importance of
establishing the occupying State’s jurisdiction in such cases does not imply,
a contrario, that jurisdiction under Article 1 of the Convention can never exist outside
the territory covered by the Council of Europe Member States. The Court has not in
its case-law applied any such restriction (see amongst other examples Öcalan, Issa,
Al-Saadoon and Mufdhi, Medvedyev, all cited above).”
75. In Al-Skeini, cited above, the Court found that the applicants’
relatives fell within United Kingdom jurisdiction because during the period
1 May 2003-28 June 2004 the United Kingdom had assumed authority for
the maintenance of security in South East Iraq and the relatives were killed
in the course of security operations carried out by United Kingdom troops
pursuant to that assumption of authority (Al-Skeini §§ 143-150). In the light
of this finding, it was unnecessary to determine whether jurisdiction also
arose on the ground that the United Kingdom was in effective military
control of South East Iraq during that period. However, the statement of
facts in Al-Skeini included material which tended to demonstrate that the
United Kingdom was far from being in effective control of the south-eastern
area which it occupied, and this was also the finding of the Court of Appeal,
which heard evidence on this question in the domestic Al-Skeini proceedings
(see Al-Skeini, cited above, §§ 20-23 and § 80). The present case concerns
an earlier period, before the United Kingdom and its coalition partners had
declared that the active hostilities phase of the conflict had ended and that
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