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Human rights – Right to life. The claimant mother of a soldier unlawfully killed in Iraq appealed against the Divisional Court's decision that there was no duty to investigate under art 2 of the European Convention on Human Rights and, alternatively, the duty had been discharged. The Court of Appeal, Civil Division, in dismissing the appeal, held that an art 2 compliant investigation had been required, as there had been a failure of system or control. However, an investigation undertaken by the Army Board of Inquiry and a coroner's inquest had discharged that obligation.
Human rights – Right to life. The claimant mother of a soldier unlawfully killed in Iraq appealed against the Divisional Court's decision that there was no duty to investigate under art 2 of the European Convention on Human Rights and, alternatively, the duty had been discharged. The Court of Appeal, Civil Division, in dismissing the appeal, held that an art 2 compliant investigation had been required, as there had been a failure of system or control. However, an investigation undertaken by the Army Board of Inquiry and a coroner's inquest had discharged that obligation.
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