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Human Rights

Volume 707: debated on Monday 26 January 2009

Question

Asked by

To ask Her Majesty's Government why they have not complied with the decision on interim measures of the European Court of Human Rights that Faisal Attiyah Nassar al-Saadoon and Khalaf Hussain Mufdhi should not be transferred to the Iraqi authorities until further notice, having regard to the obligation imposed on the United Kingdom by Article 34 of the European Convention on Human Rights. [HL783]

Her Majesty's Government take their responsibility to comply with requests from the European Court of Human Rights at Strasbourg very seriously. However, after 31 December 2008 the UK had no legal power to detain any individuals in Iraq and there was therefore no lawful option other than to transfer Mr al-Saadoon and Mr Mufdhi to the Iraqi authorities. The Government therefore took the view that, exceptionally, they could not comply with the measure indicated by the court.