Jill has been regularly abused by her husband, Aiden, for a considerable period. Jill has recently informed the police that she is a victim of domestic violence, accusing him of having beaten her with a belt, which is supported by visible bruising on her body. A couple of days later, she returns to the police station accompanied by her husband, and she tells the police that she was exaggerating the incident and did not want the police to prosecute. The police decide to take no further action. They receive a phone call from Jill who explains she is terrified, and they overhear Aiden threaten to kill Jill. The call is ended abruptly after Aiden takes the phone from Jill. The police can identify that the call was from Jill, but the Chief Constable of Hampshire Constabulary tells the officers to “not waste their time” in finding out what is going on because Jill had a “tendency to exaggerate”.
Two days later, Jill is attacked and killed by Aiden. The police are called to the scene after they are informed by a neighbour who overheard the incident. Aiden has escaped through the window and is running away. The armed police officers decide to chase him but are unable to keep up. They see him about to enter a vehicle. Worrying he might escape; they tell him to stop or they will open fire. Aiden does not stop, so the officers shoot at him. They have not been trained in how to use weapons to immobilise and end up hitting him once in the leg and once close to the chest. He manages to survive the shooting after receiving medical care.
Aiden is under police surveillance whilst in hospital. One of the officers, Iris, regularly taunts Aiden by saying that in prison he will get what is coming to him as inmates do not take kindly to people like him. On one occasion, Iris slaps him and tells him menacingly that he will not survive in prison. This causes Aiden no injury, but he is frightened by the incident.
Aiden is later convicted of murder, however there is no action taken against him for the incidents of domestic violence. The Chief Constable undertakes an investigation into why no protection was given to Jill but decides that they did all they could considering Jill’s “lack of cooperation”.
Advise Aiden and the brother of Jill as to whether they have a claim under the Human Rights Act 1998 and whether there has been a violation of Convention rights. You only need to discuss Article 2 and Article 3 claims.
You are asked to produce a short report for the Equality and Human Rights Commission who is investigating possible violations of the Human Rights Act 1998 and ECHR by public authorities in relation to measures taken in response to COVID-19. The Equality and Human Rights Commission wants you to produce a report of no
1. Report on whether any of the lockdown measures that have been imposed in response to COVID-19 constitute an unjustified deprivation of liberty under Art 5 ECHR.