Admissibility – Commission – Article 1 of the Convention : The High Contracting Parties are bound to guarantee the rights and freedoms set forth in the Convention in connection with all acts or omissions of their agents, even where such public authority is exercised abroad.
The words ‘within their jurisdiction’ apply to the direct victim of the alleged breach.
Article 2 of the Convention : The kitting of a man does not create for his widow a continuing situation of which she would be the indirect victim with regard to Article 2.
Article 25 of the Convention : Wife of a murdered person considered to be an indirect victim of an alleged breach of Article 2 of the Convention. The same solution applies to the unmarried brother of the applicant.
Article 26 of the Convention : In the absence of local remedies the six months’ period runs from the date of the act or decision complained of in the application.
Competance ratlone personae : The fact that an individual is killed by terrorists does not exclude the Commission’s competence since the High Contracting Parties have a duty to protect the right to life.
The Commission’s competence is determined with regard to the situation of the direct victim and not that of the indirect victim.
9360/81, [1983] ECHR 17, 32 DR 190
Bailii
European Convention on Human Rights
Cited by:
Cited – Smith and Others v The Ministry of Defence SC 19-Jun-2013
The claimants were PRs of men who had died or were severely injured on active duty in Iraq being variously fired at by mistake by other coalition forces, or dying in vehicles attacked by roadside bombs. Appeals were heard against a finding that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.346181 br>