The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.
The court examines the applicability of English Law vs Iraqi law, whether UNSCR regulations and the UN Charter qualified Mr Al-Jedda rights under the ECHR, such that his detainment would not be a violation of Article 5 (1). The Secretary of State (SoS) also raised an new untested argument regarding where the appellant's detention was attributable to the United Nations and therefor outside the scope of the ECHR.
Law reports: [2007] UKHL 58; [2008] 2 WLR 31; [2008] 1 AC 332; Times 13-Dec-2008
On appeal from the Court of Appeal: [2006] EWCA Civ 327.