The challenge
An application to the European Court of Human Rights was made by the applicants in respect of a refusal of their claims for compensation for a miscarriage of justice under section 133(1ZA) of the Criminal Justice Act 1988, after their convictions had been quashed.
The NIHRC was granted leave to intervene by way of written submissions.
The NIHRC’s submissions were based on the application of Article 14(6) International Covenant on Civil and Political Rights (ICCPR), highlighting the UN Human Rights Committee’s recommendations to the UK Government to review the new test for miscarriage of justice with a view of ensuring its compatibility with the ICCPR. It further highlighted the particular context of Northern Ireland and the disproportionate impact on those applicants who are required to establish a newly established fact to demonstrate innocence.
Human rights engaged
The applicants argued that s.133(1ZA) of the Criminal Justice Act 1988 was in breach of Article 6(2) European Convention on Human Rights (ECHR) in that the test required them to prove their innocence in order to be eligible for compensation.
Outcome
The European Court of Human Rights (ECtHR) held there to be no violation of Article 6(2) ECHR.