Case Law

This judgment is final but may be subject to editorial revision.

7 July 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): International armed conflict - Right to life - Security forces - Security situation | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

2 March 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Combatants / Former combatants - Death penalty - Freedom from torture, inhuman and degrading treatment - Right to life | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

19 January 2010 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Illegal immigrants / Undocumented migrants - Right to life | Countries: Iraq - Italy - Jordan - Morocco - Palestine, State of

Heard at Birmingham, 10 June 2008 and Field House, 23 January 2009. NH (Iraq-Yazidis) Iraq CG [2004] UKIAT 00306 is no longer to be followed.

2 December 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements - Combatants / Former combatants - Country of origin information (COI) - International humanitarian law (IHL) / Geneva Conventions - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Religious persecution (including forced conversion) - Right to life - Security situation - War crimes - Yazīdī | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Admissibility application.

2 July 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Changes of circumstances in home country - Country of origin information (COI) - Criminal justice - Expulsion - Freedom from torture, inhuman and degrading treatment - Kurd - Persecution based on political opinion - Racial / Ethnic persecution - Rejected asylum-seekers - Right to life | Countries: Iraq - Norway

Admissibility application. See also the judgment on merits: Al-Saadoon and Mufdhi v. United Kingdom; and the judgment of the Court of Appeal (England and Wales): R (on the application of (1) Faisal Attiyah Nassar Al-Saadoon (2) Khalaf Hussain Mufdhi) v. Secretary of State for Defence [2009] EWCA Civ 7.

30 June 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Criminal justice - Death penalty - Effective remedy - Freedom from torture, inhuman and degrading treatment - International humanitarian law (IHL) / Geneva Conventions - Jurisdiction - Right to life | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from the Divisional Court: [2008] EWHC 3098 (Admin). Leave to appeal to the House of Lords was refused. An admissibility application was subsequently made before the European Court of Human Rights; see Al-Saadoon and Mufdhi v. United Kingdom.

21 January 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Death penalty - Human rights and fundamental freedoms - Human rights law - Jurisdiction - Regional instruments - Right to life - War crimes | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

20 January 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Armed forces / Military - Christian - Country of origin information (COI) - Criminal justice - Deportation / Forcible return - Extrajudicial executions - Freedom from torture, inhuman and degrading treatment - Non-state agents of persecution - Persecution based on political opinion - Religious persecution (including forced conversion) - Right to life - Security situation | Countries: Iraq - Sweden

Applications for judicial review. The Divisional Court judgment was, subsequently, appealed before the Court of Appeal: [2009] EWCA Civ 7.

19 December 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Death penalty - Freedom from torture, inhuman and degrading treatment - Human rights law - Jurisdiction - Prosecution vs persecution - Regional instruments - Right to justice - Right to life | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland