R. (on the application of Amin (Imtiaz)) v Secretary of State for the Home Department: The Case of the Missing Investigation

R. (on the application of Amin (Imtiaz)) v Secretary of State for the Home Department
[2004] H.R.L.R. 3
House of Lords

16 October 2003

 

Brief Summary:

The claimant's nephew was killed by his cellmate while in a young offender institution. The Prison Service admitted fault and began an inquiry.  The police also began an inquest into the death but it was stopped pending the trial of the victim's cellmate and never resumed. The victim's family asked the Secretary of State to begin an independent public inquiry but the Secretary of State refused. The House of Lords held that the Secretary of State's refusal amounted to a breach of Article 2 of the European Convention of Human Rights (right to life).

 

The Facts:

The claimant's nephew, an Asian, was severely beaten by his cellmate in a young offender institution and, subsequently, died of brain damage. The Prison Service immediately admitted full responsibility for the death. The Prison Service subsequently held a wide-ranging internal inquiry in which it made plain its desire to involve the victim's parents. In addition, the police carried out an investigation into whether the Prison Service or any of its employees should be prosecuted. An inquest into the death was opened but was adjourned pending the trial of the victim's cellmate, who was subsequently convicted of murder. The inquest was never resumed.

The Commission for Racial Equality held an investigation of its own into racism in the Prison Service. The terms of reference of that investigation made specific reference to the circumstances of the victim's death. The victim's family requested the Secretary of State to establish an independent public inquiry into the victim's death, which request was refused. In proceedings for judicial review of that decision, Hooper J. decided that the inquiries and investigations which had been conducted did not, singly or cumulatively, satisfy the duty of the United Kingdom under ECHR, Art.2 . Among the requirements imposed by ECHR Art.2 are a sufficient element of public scrutiny and that the next of kin are involved to an appropriate extent. Hooper J. therefore ruled that the Secretary of State's refusal to hold a public inquiry was in breach of ECHR Art. 2 and granted a declaration that an independent public investigation had to be held in order to satisfy the requirements imposed by ECHR Art.2 . The Secretary of State appealed.

The Court of Appeal allowed the Secretary of State's appeal, holding that the duty to investigate could not be defined by reference to fixed rules and that in the instant case the State's duty had been discharged, and set aside Hooper J.'s order that an independent public investigation be held. The appellant challenged the ruling of the Court of Appeal and sought to restore the order of Hooper J.

The Holding:

According to the House of Lords, the scope of ECHR Art.2 (right to life) goes beyond the primary purpose of enjoining the State not only to refrain from the intentional and unlawful taking of life but also to take appropriate steps to safeguard the lives of those within its jurisdiction. This includes the minimum requirement of a mechanism whereby the circumstances of a deprivation of life by the agents of a state may receive public and independent scrutiny.  This obligation exists even if agents of the state did not actually do the killing. In addition, where the facts are largely or wholly within the knowledge of the state authorities there is an onus on the state to provide a satisfactory and convincing explanation of how the death or injury occurred.

More specifically, the ECHR has laid down minimum standards which must be met whatever form the investigation takes.  In this case, all of the investigations into the victim's death were insufficient.  There was no inquest and the police investigation raised many unanswered questions and could not discharge the state's investigative duty. Further, the Prison Service internal inquiry was conducted by an official who did not enjoy institutional or hierarchical independence, was conducted in private and did not enable the family of the victim to play any effective part in it. The CRE inquiry was necessarily confined to race-related issues and this case raised other issues also.  Accordingly, the trial judge, Hooper J. was right to order an independent investigation be held.  

Villain?

 

The claimant was a juvenile offender's uncle.  Not a villain.