STRASBOURG
The United Kingdom has been found guilty by the European Court of Human Rights of "excessive delay" in investigating the death of an Irish man in police custody.
The Strasbourg-based court on Tuesday supported Elizabeth McDonnell's complaint of "excessive delay" in inquest proceedings into the death of her son, James, at top-security Maghaberry prison in Northern Ireland on March 30, 1996.
McDonnell’s son James was found unconscious in an isolation cell in the jail outside Belfast following an incident in which he was restrained by prison officers.
An initial autopsy concluded that he had died from a heart attack and the fact the stress of the incident could have played some part in his death could not be completely ruled out.
- Fatal heart attack
The inquest concluded the factors which had contributed to McDonnell’s fatal heart attack were his restraint by prison officers, compression of his neck, the nature of the control and restraint procedure carried out against him, an underlying heart condition and emotional stress.
The case was referred back to prosecutors in the UK and a decision on whether to begin criminal prosecutions is currently pending.
The ECHR said in a press release the inquest did not commence until April 2013 and ended in May 2013.
Referring to Article 2 of the European Convention on Human Rights (the Right to Life), the European court ruled Elizabeth McDonnell was justified in complaining about an excessive delay to the inquest.
The United Kingdom was ordered to pay a fine of €18,000.
www.aa.com.tr/en
