Police Investigations A Human Right
Commissioner of Police of the Metropolis v DSD (1) NBV (2) & Alio Koraou v Chief Constable of Greater Manchester [2015] EWCA Civ 646
Facts
The Claimants DSD and NBV were two of the victims of a serial rapist. At first instance the Judge found that that there had been failures by the Metropolitan Police in their investigation into the sexual assaults committed against them. These failures constituted a breach of the ECHR Article 3 rights (prohibition on torture, and inhuman or degrading treatment or punishment).
The Police appealed on the basis that the duty to investigate under Article 3 arose only in respect of cases where the state was complicit in the breach of Article 3.
The case of Koraou concerned a man...
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