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Latest from the Malaysian legal team on Supreme Court

Written by Caroline Goh Seow Siang By The 24 victims’ families of the Batang Kali massacre are hopeful and somehow optimistic that the UK Supreme Court would rule in their favour and that British Government be ordered to open inquiries into contentious killings by British soldiers in Batang Kali, Selangor, on 11 and 12 December 1948.  The families’ application for judicial review after the UK Government’s refusal to hold the inquiry was dismissed by the Divisional Court in 2012 and also lost their appeal to the UK Court of Appeal in 2014 but was invited to appeal to the Supreme Court. Human Rights Duty It was argued by the families that both Article 2 of the European Convention on Human Rights (ECHR) and Section 6 of the Human Rights Act 1998 (HRA) imposes a duty on the UK to commission an independent inquiry despite the killings occurring before the ECHR was drafted and signed and by virtue of Janowiec, such investigative duty arose because there was a connection between the killings, the original inadequate investigation, the UK’s signature and ratification of the ECHR and the subsequent failure to undertake an inquiry when the new evidence came to light, particularly in the 1970s […]
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