No duty to investigate in respect of civilian deaths in Malaya in 1948

UK Human Rights Blog

malayaKeyu and Others v Secretary of State for Foreign and Commonwealth Office and another  [2014] EWCA Civ 312, 19 March 2014 – read judgment

After an interesting analysis of the time limits for claims under Convention in response to a claim made in relation to actions by British soldiers in Malaya in 1948, the Court of Appeal dismissed all their  human rights, customary international law and Wednesbury  arguments.  There was no obligation in domestic law for the state to hold an inquiry into the deaths of civilians killed by British soldiers  in colonial Malaya in 1948, even though the Strasbourg Court might well hold that such a duty ensued.

Background

After the defeat of Japan in WWII and their withdrawal from Malaysia, there ensued a bitter conflict between Malaysian civilians Chinese-backed communist insurgents. In 1948 Commonwealth forces got involved and there ensued a guerrilla war fought between Commonwealth armed forces and the…

View original post 1,247 more words

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About truelabour

Investigative Journalist/Researcher for major media. Exposing the truth and police corruption with in UK police service.Certain forces say their motto is Honesty & Integrity One must ask is it lip service or genuinely meant. CO-OP Labour Party member questioning is the party standing for working class of Britain. Trade Union Activist & promoting diversity,community cohesion within multicultural Britain. Anti fascist speaks out against all foams of discrimination.
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