Al-Waheed v Ministry of Defence
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- MR JUSTICE LEGGATT
Areas of Law
- Human Rights Law
- Public International Law
- Civil Procedure
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
Several hundred Iraqi civilians filed claims for alleged unlawful detention by British armed forces between 2003-2008; claims were made under the Human Rights Act 1998. Central issue revolved around whether Article 5 of the Convention was overridden by UNSCR 1546. Representative case of Mr. Al-Waheed's detention in 2007 was highlighted. The court applied House of Lords precedent, dismissed the claim, and granted a leapfrog certificate to the Supreme Court. Precedent cases and statutes including the Human Rights Act, UNSCR 1546, and principles of binding precedence were key considerations.
Judgment
Mr Justice Leggatt :
Introduction
Several hundred claims have been brought in the High Court in which Iraqi civilians are seeking damages from the Ministry of Defence (“MoD”) for their allegedly unlawful detention and/or unlawful treatment by British armed forces on various dates during the period when British armed forces were present in Iraq. That period began on 20 March 2003, when a coalition of armed forces led by the United States and including a large contingent from the UK invaded Iraq, and ended on 31 December 2008. The claims are made under the Human Rights Act 1998 . In particular, those claimants who allege that they were unlawfully detained contend that they were deprived of their liberty in violation of Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) and are accordingly entitled to compensation under Article 5(5) of the Convention and section 8 of the Human Rights Act .
More than 200 of these claims concern detention which occurred after 8 June 2004, when United Nations Security Council Resolution (“UNSCR”) 1546 entered into force. It is common ground that on the present state of the law this court is bound to follow the decision of the House of Lords in R (Al-Jedda) v Secretary of State for Defence [2007] UKHL 58 , [2008] 1 AC 332 and to dismiss these claims, notwithstanding the subsequent decision of the Grand Chamber of the European Court of Human Rights in Al-Jedda v United Kingdom (2011) 53 EHRR 23 .
At a pre-trial review in the litigation held on 12 June 2014 the claimants applied to the court to dismiss one or more of the claims and to grant a ‘leapfrog’ certificate under section 12 of the Administration of Justice Act 1969 to enable an appeal to proceed directly to the Supreme Court. The matter has since been further addressed by the parties in written submissions and the MoD has consented to this course. I consider that this is a proper case in which to grant such a certificate and this judgment gives my reasons.
The present case
The case in which I am granting the certificate is a typical example of the relevant group of claims. Mr Al-Waheed was arrested by British soldiers on 11 February 2007 and detained until 28 March 2007, when he was released. He alleges that his detention was unlawful and violated Article 5 of the Convention, and also that he was assaulted while in custody. The MoD in its defence admits that Mr Al-Waheed’s internment was at