HASSAN v. THE UNITED KINGDOM – JUDGMENT
3
In the case of Hassan v. the United Kingdom,
The European Court of Human Rights, sitting as a Grand Chamber
composed of:
Dean Spielmann, President,
Josep Casadevall,
Guido Raimondi,
Ineta Ziemele,
Mark Villiger,
Isabelle Berro-Lefèvre,
Dragoljub Popović,
George Nicolaou,
Luis López Guerra,
Mirjana Lazarova Trajkovska,
Ledi Bianku,
Zdravka Kalaydjieva,
Vincent A. De Gaetano,
Angelika Nußberger,
Paul Mahoney,
Faris Vehabović,
Robert Spano, judges,
and Michael O’Boyle, Deputy Registrar,
Having deliberated in private on 11 December 2013 and 25 June 2014,
Delivers the following judgment, which was adopted on that last date:
PROCEDURE
1. The case originated in an application (no. 29750/09) against the
United Kingdom of Great Britain and Northern Ireland lodged with the
Court under Article 34 of the Convention for the Protection of Human
Rights and Fundamental Freedoms (“the Convention”) by an Iraqi national,
Mr Khadim Resaan Hassan (“the applicant”), on 5 June 2009.
2. The applicant was represented by Mr P. Shiner, a solicitor practising
in Birmingham, together with Mr T. Otty, QC, and Mr T. Hickman,
barristers practising in London. The United Kingdom Government
(“the Government”) were represented by their Agent, Ms R. Tomlinson,
Foreign and Commonwealth Office.
3. The applicant alleged that his brother was arrested and detained by
British forces in Iraq and was subsequently found dead in unexplained
circumstances. He complained under Article 5 §§ 1, 2, 3 and 4 of the
Convention that the arrest and detention were arbitrary and unlawful and
lacking in procedural safeguards and under Articles 2, 3 and 5 that the