Type: Judgment

Authority: National Courts England and Wales Court of Appeal

Date: 07/30/2015

Subject: The England and Wales Court of Appeal judges on the extra-territorial application of the norms of the ECHR to the activities of the army during a non international gunfight (in this specific case, during a NATO mission in Afghanistan) and the relation between such norms and humanitarian international law: in the present case, the Court found the responsibility of the State, according to article 5 of the Convention, for the unlawful detention of the claimant, which exceeded the 96 hours and violated the procedural guarantees, provided for by article 5(4)

Parties: Serdar Mohammed & Others v. Secretary of State for Defence Yunus Rahmatullah & the Iraqi Civilian Claimants v. Ministry of Defence and Foreign and Commonwealth

Original language: English

Classification: Freedoms - Art. 6 Personal liberty - Justice - Art. 47 Right to an effective remedy before a tribunal

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