What Is an Article 2 Inquest?

An Article 2 inquest is an inquest in which the procedural obligation under Article 2 of the European Convention on Human Rights is engaged.

Article 2 protects the right to life. In certain circumstances, it also requires the state to ensure that there is an effective investigation into a death.

In Northern Ireland, an inquest can form part of the mechanism used to fulfil that investigative obligation. Whether Article 2 applies will depend on the circumstances of the individual case.

What Does Article 2 of the European Convention on Human Rights Protect?

Article 2 protects the right to life and places obligations on the state in relation to the protection of life.

It also includes a procedural obligation requiring an effective official investigation in circumstances where Article 2 is engaged. The precise requirements of that investigation will depend on the facts of the case.

How Is an Article 2 Inquest Different?

Where Article 2 applies, the inquest may be required to examine the circumstances surrounding the death in greater detail.

The investigation is not confined simply to identifying the medical cause of death. It may also consider how and in what circumstances the death occurred, including relevant actions or omissions by public authorities where these form part of the issues properly within the scope of the inquest.

The coroner determines the appropriate scope of the investigation and the evidence required in each individual case.

When Might Article 2 Be Relevant?

Article 2 may be relevant in cases where there are questions about the involvement of the state or the actions of public authorities in connection with a death.

This can include certain deaths involving the use of force by state agents, deaths in custody and other circumstances where the state's obligations under Article 2 may be engaged.

Whether the Article 2 procedural obligation applies is a legal question that depends on the particular circumstances and applicable law.

Does Every Inquest Become an Article 2 Inquest?

No. Article 2 is not automatically engaged in every inquest.

The coroner may need to determine whether the Article 2 procedural obligation applies. This can be particularly complex in cases involving deaths that occurred many years ago, where specific legal principles govern whether Article 2 applies to the investigation.

What Can an Article 2 Inquest Consider?

The precise scope is determined by the coroner, but an Article 2 inquest may examine matters relevant to understanding how and in what circumstances the person died.

Depending on the case, this may include:

• the events leading up to the death;
• the actions or omissions of relevant public authorities;
• the use of force where applicable;
• relevant policies, procedures or systems;
• medical or other expert evidence; and
• evidence from witnesses and public bodies.

Can an Inquest Decide Criminal or Civil Liability?

An inquest is a fact-finding process and is not a criminal trial or civil damages claim. Its purpose is to investigate the death rather than to determine criminal guilt or award compensation.

The findings made by a coroner will depend on the evidence and the legal scope of the particular inquest.

Article 2 Inquests in Northern Ireland

Families involved in an Article 2 inquest may need advice about the scope of the proceedings, disclosure of documents, witness evidence and their participation in the investigation.

P.A. Duffy & Co represents individuals and families in inquest proceedings and matters involving human rights and public authorities.

For information about representation, visit our Inquest Solicitors page or read more about our wider Human Rights and Public Law services.