The applicant, who feared for his life if identified, sought the release to him of materials discovered by the police in searching premises associated with a loyalist paramiliitary group. He thought that they might include information sourced form the security services. The request was refused. The police offered assistance and advice with the applicant’s security instead.
Held: The state had a duty to assess such a risk, and to provide some information to the applicant, but also had a margin of appreciation as to how it would protect the lives of an individual. He was not entitled to obtain this information in order to take proceedings himself against those who had released information about him. He remained free to take proceedings if he wished.
Judges:
Kerr J
Citations:
[2001] NIQB 21
Links:
Jurisdiction:
Northern Ireland
Citing:
Cited – Ogur v Turkey ECHR 20-May-1999
A nightwatchman at a mining site, the claimant’s son, was killed one morning by Turkish security forces when he was coming off duty. The Government said that the scene of the incident had been used as a shelter by terrorists. The applicant claimed . .
Cited – Aydin v Turkey ECHR 25-Sep-1997
ECHR Judgment (Merits and just satisfaction) Preliminary objection rejected (estoppel); Violation of Art. 3; Violation of Art. 13; Not necessary to examine Art. 6-1; No violation of Art. 25-1; Not necessary to . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Cited – Taylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
Cited – Velikova v Bulgaria ECHR 18-May-2000
The applicant complained under Articles 2, 6, 13 and 14 of the Convention in respect inter alia of the alleged ineffective investigation into the death in police custody of Mr Tsonchev, the man with whom she had been living.
Held: ‘The Court . .
Cited – Aytekin v Turkey ECHR 23-Sep-1998
The applicant was the widow of a man who was unlawfully killed by a soldier. The soldier had been prosecuted for causing the death of the applicant’s husband and had been convicted of unintentional homicide. The widow’s appeal against the verdict . .
Lists of cited by and citing cases may be incomplete.
Police, Administrative
Updated: 13 June 2022; Ref: scu.202147