ECtHR decision handed down in Jaloud case

Delivering Jaloud

The Grand Chamber of the European Court of Human Rights has issued a decision in Jaloud v. The Netherlands (Application no. 47708/08).

The case arose from a shooting death in 2004 at a checkpoint in Iraq being conducted by Dutch and Iraqi Civil Defense Force personnel.  A local national was shot and killed.  An investigation was conducted.  Contrary to the family's desires the investigation did not result in the prosecution of any Dutch personnel, who it appears claimed self-defense in firing at the car with Mr. Jaloud as a passenger.  The court found jurisdiction under the European Convention on Human Rights for various claims and specifically a violation of Article 2, which is the right to life provision.

For those interested, you can see and hear announcement of the decision at this link.