Challenge to the decision of the Prime Minister not to hold a public inquiry into alleged complicity of British state agents in the unlawful rendition, detention and mistreatment of individuals by other states in the years following the attack on New York in September 2001. The Divisional Court (Dame Victoria Sharp P and Farbey J) determined two preliminary issues against the claimants. The claimants appeal against that determination. The issues are:
a) Does article 6(1) of the European Convention on Human Rights apply to the claim for judicial review? and, if it does,
b) Are the claimants entitled to disclosure in accordance with the standard set in Secretary of State for the Home Department v AF (No 3) [2009] UKHL 28; [2010] 2 AC 269 (‘AF (No 3)’)?
The Divisional Court answered ‘no’ to each question.
Lord Burnett of Maldon CJ
[2021] EWCA Civ 972, [2021] WLR(D) 365
Bailii, WLRD
European Convention on Human Rights 6(1)
England and Wales
Updated: 06 August 2021; Ref: scu.663471
