The claimant challenged the policy of the Secretary of State for Defence from May 2012 authorising a technique known as challenge direct for use in the interrogation of persons captured by UK forces in situations of armed conflict. He sought judicial review on the ground that, on its face, it is unlawful in that it constitutes inhumane treatment, contrary inter alia to Common Article 3 of the Geneva Conventions of 1949, alternatively on the ground that the policy is unlawful because there is an unacceptable risk that it will be exercised in a way that is not lawful having regard to the circumstances in which it may be used.
Tomlinson, Lloyd Jones, Ryder LJJ
[2014] EWCA Civ 1087, [2014] WLR(D) 361
Bailii, WLRD
Geneva Conventions of 1949
England and Wales
Armed Forces, Human Rights
Updated: 18 December 2021; Ref: scu.535449
