The Human Rights Act is capable of applying to acts of a UK public authority performed outside its territory where the victim is within the jurisdiction of the UK for the purposes of Art 1 of the ECHR.

The application arose out of the deaths of six Iraqi civilians caused by the actions of British soldiers in Southern Iraq in 2003. Five were shot in the course of security operations and the sixth died following gross ill treatment in a UK military detention facility. The five who died on the streets did not come within the UK’s Art 1 jurisdiction, whereas the sixth claimant who died in custody did come within this jurisdiction.