(Commission) The Commission looked to the admissibiliity of a complaint by Rudoph Hess who was incarcerated by the respondent state in Spandau prison. The prison was in the British sector in Berlin under the control of the four WWII Allied powers.
Held: If the agreement had been concluded after the UK acceded to the Convention, the incarceration might have been subject to Articles 3 and 8 under the SAA doctrine.
The United Kingdom acts only as a partner in the joint quadrapartite organisation of the Spandau prison and of R Hess’s detention. It does not follow from that United Kingdom participation that the admininstration and supervision of the prison are a matter ‘within the jurisdiction’ of the United Kingdom. An issue could have arisen only if an agreement concerning Spandau Prison had been entered into when the Convention was already in force for the United Kingdom Government.
Citations:
DC 138, 6231/73
Statutes:
Eueopean Convention on Human Rights 3 8
Cited by:
Cited – Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence CA 21-Dec-2005
The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Prisons
Updated: 01 May 2022; Ref: scu.238297
