32
HASSAN v. THE UNITED KINGDOM – JUDGMENT
an arguable case that the United Kingdom was responsible for ill-treating
Tarek Hassan or causing his death, or that Tarek Hassan’s death occurred in
territory that was controlled by the United Kingdom. This was not, on the
evidence, a case in which the death occurred in the custody of the State.
Such deaths might warrant a lower threshold or trigger for the investigative
duty, but this was not the case here. Tarek Hassan’s death occurred many
months after his release and in circumstances where there was nothing
pointing to United Kingdom State involvement in the death.
B. The Court’s assessment
62. According to the Court’s case-law, the obligation to protect the right
to life under Article 2, read in conjunction with the State’s general duty
under Article 1 of the Convention to “secure to everyone within their
jurisdiction the rights and freedoms defined in [the] Convention”, requires
by implication that there should be some form of effective official
investigation when individuals have been killed as a result of the use of
force by agents of the State (see Al-Skeini and Others v. the United
Kingdom [GC], no. 55721/07, § 163, ECHR 2011). In addition, Article 3
places a duty on the State to carry out an effective official investigation
where an individual makes a “credible assertion” that he has suffered
ill-treatment in breach of that provision at the hands of State officials, or, in
the absence of an express complaint, where there are other sufficiently clear
indications that torture or ill-treatment might have occurred (see Labita
v. Italy [GC], no. 26772/95, § 131, ECHR 2000 IV and Members (97) of the
Gldani Congregation of Jehovah’s Witnesses v. Georgia, no. 71156/01,
§ 97, 3 May 2007, and the cases cited therein).
63. In the present case, with reference to the facts as assessed above by
the Court, there is no evidence to suggest that Tarek Hassan was ill-treated
while in detention, such as to give rise to an obligation on the respondent
State under Article 3 to carry out an official investigation. Nor is there any
evidence that the United Kingdom authorities were responsible in any way,
directly or indirectly, for Tarek Hassan’s death, which occurred some four
months after he was released from Camp Bucca, in a distant part of the
country not controlled by United Kingdom forces. In the absence of any
evidence of the involvement of United Kingdom State agents in the death,
or even of any evidence that the death occurred within territory controlled
by the United Kingdom, no obligation to investigate under Article 2 can
arise.
64. In conclusion, the Court considers that the complaints under
Articles 2 and 3 of the Convention are manifestly ill-founded within the
meaning of Article 35 § 3 (a) of the Convention and must be declared
inadmissible pursuant to Article 35 §§ 3 and 4 of the Convention.
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