Practice and Procedure

R v SECRETARY OF STATE FOR THE HOME DEPARTMENT, EX PARTE IMTIAZ AMIN (2001)

PUBLISHED October 5, 2001
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[2001] EWHC Admin 719

Where there was a death in custody the purpose of an investigation impliedly required by Art.2 European Convention on Human Rights was to discover whether there had been a breach of the explicit duty in Art.2 even though the death might not have involved the criminal responsibility of any State officials. In this case, the duty to carry out an investigation could only be met by an independent public inquiry. * Appeal from this decision allowed in R v Secretary of State for the Home Department, ex parte Amin (2002) LTL 27/3/2002.

QBD (Admin) (Hooper J)

05/10/2001

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