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Article 2 Inquests
Article 2 Inquest
Article 2 Inquest – These relate to Article 2 of the European Convention on Human Rights which protects the right to life.
The European Court of Human Rights has declared that “Article 2 ranks as one of the most fundamental provisions in the Convention”. Member states are obliged to abide by three key aspects of this convention:
- the duty to refrain from unlawful deprivation of life,
- the duty to investigate suspicious deaths; and in certain circumstances,
- a positive obligation to take steps to prevent avoidable losses of life.
An ‘Article 2 Inquest’ covers the requirement to investigate suspicious deaths. That investigation must be ‘effective, independent and prompt’."
The duty to investigate suspicious deaths
An ‘Article 2 Inquest’ covers the requirement to investigate suspicious deaths. That investigation must be ‘effective, independent and prompt’. The duty to investigate is even more powerful where the death has occurred whilst a person was detained by the state. The leading case on this is Salman v Turkey (2000). The judgement states that:
“Where the events in issue lie wholly, or in large part, within the exclusive knowledge of the authorities, as in the case of persons within their control in custody, strong presumptions of fact will arise in respect of injuries and death occurring during such detention. Indeed, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation.”
When becoming involved with the legal proceedings relating to an Article 2 Inquest at the Coroners Court it is advisable to have access to qualified legal representation. You may be in the position where someone close to you has died in suspicious or sudden circumstances. Their death has been reported to the coroner and you find yourself involved in an unfamilliar legal process. On the other hand, you could be a professional involved in a coroner’s investigation requiring expert advice or representation. In either case, we have extensive experience of the coroners court process and our inquest barristers can help.
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As Coroners Inquest Barristers, our mission is to provide families and professionals involved in an Article 2 Inquest Coroner’s Investigation with specialist advice and representation. Coroners Inquest Barristers also ensure that our clients have confidence in the service we provide. We treat our clients with compassion and empathy.
If you require assistance with a coroners inquest, please contact us.
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