When making a decision which would interfere with the human rights of an individual, and even where the risks from which protections was sought, could be seen as small, it was the duty of the decision maker to justify the interference. The individual was not to be called upon to prove the risk. Here the respondent was holding a major public inquiry into the events of Bloody Sunday. Parties wanted soldiers involved in the incident to appear in person. The soldiers asserted that they were at personal risk if they attended. The respondent ordered them to attend. It was held that the order requiring them to attend was to be set aside. The Osman test did not apply. The risk was not fanciful, and the decision that they could be adequately protected by the Security Services was a procedural unfairness.
Lord Justice Rose and Mr Justice Sullivan
Times 23-Nov-2001, Gazette 14-Dec-2001
England and Wales
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 Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .
See Also – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .
Appeal from – Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Administrative
Updated: 30 January 2022; Ref: scu.166860