Case No. 61498/08

Judgment date: 02/03/10

The applicants are Iraqi nationals who were suspected of involvement in the deaths of two British servicemen in Iraq in March 2003. UK forces in Iraq arrested the first applicant on 30 April 2003 and the second applicant on 21 November 2003. Both were then detained in UK-run detention facilities in Iraq.

In September 2004 the applicants’ case was referred to the Central Criminal Court of Iraq and on 27 December 2007 the Iraqi Higher Tribunal (IHT) requested that the applicants be transferred into its custody to stand trial on charges carrying the death penalty. Despite an ECtHR Rule 39 indication on 30 December 2008 not to transfer the applicants, they were transferred on 31 December 2008.

The applicants submitted that their transfer violated their rights under Arts. 6 (right to a fair trial) and 13 (right to an effective remedy) and that, as a result of their transfer, they faced a substantial risk of the death penalty in breach of Art. 3 (prohibition of inhuman treatment).

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