Blow for Government as High Court rules failure to equip troops properly 'is breach of human rights' 11th April 2008 The furore over coroners' criticism and human rights was sparked by the inquest of Territorial Army soldier Private Jason Smith, 32, who died of heatstroke in Iraq. With temperatures in Basra reaching in excess of 50 degrees centigrade in the shade, the 32-year-old stationed at the old Al Amara athletic stadium reported sick complaining that he could not stand the heat. He collapsed and was taken to the medical facili...
Blow for Government as High Court rules failure to equip troops properly 'is breach of human rights' 11th April 2008 The furore over coroners' criticism and human rights was sparked by the inquest of Territorial Army soldier Private Jason Smith, 32, who died of heatstroke in Iraq. With temperatures in Basra reaching in excess of 50 degrees centigrade in the shade, the 32-year-old stationed at the old Al Amara athletic stadium reported sick complaining that he could not stand the heat. He collapsed and was taken to the medical facilities but had a cardiac arrest and died of hypothermia.
Oxfordshire's assistant deputy coroner, Andrew Walker, recorded in a November 2006 verdict that Private Smith's death was
"caused by a serious failure to recognise and take appropriate steps to address the difficulty that he had in adjusting to the climate".
The Defence Secretary's legal team argued to the High Court that the coroner should not have used the words "serious failure" because they could be seen as "determining" civil liability for Private Smith's death, and that was not allowed under Rule 42 of the 1984 Coroners' Rules.
His death also highlighted whether his treatment breached Article 2 of the European Human Rights Act, which guarantees the "right to life". After today's rulings, solicitor Jocelyn Cockburn, representing Private Smith's family, said:
"It is totally unsurprising that serving soldiers are entitled to human rights protection.
