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Application of international convention on human rights in British Coronial System as an example for Malaysia

Coroner’s inquest or deaths investigation have always been regarded as a domestic law of the respective country. Therefore the local procedural legal framework on death enquiry is considered as a primary source of law. However investigation relating to who, how, where and on what manner the deceased...

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Main Author: Noorfajri Ismail,
Format: Article
Published: Fakulti Undang - Undang 2010
Online Access:http://journalarticle.ukm.my/1701/
http://ejournal.ukm.my/juum
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spelling my-ukm.journal.17012019-05-14T04:43:55Z http://journalarticle.ukm.my/1701/ Application of international convention on human rights in British Coronial System as an example for Malaysia Noorfajri Ismail, Coroner’s inquest or deaths investigation have always been regarded as a domestic law of the respective country. Therefore the local procedural legal framework on death enquiry is considered as a primary source of law. However investigation relating to who, how, where and on what manner the deceased came into his death are crucial issues pertaining to ‘right to life’ which is a salient feature of human right, a right that is internationally recognized via international convention. By virtue of Article 2 of European Convention on Human Rights (ECHR), everyone’s right to life shall be protected by law. This obligation vested upon the State to protect the right to life so as to form an effective official investigation whenever there are cases of individual unlawful killed or died as a result of the use of force by, inter alia agents of the State. Any deprivation of life must be subjected to the most careful scrutiny. For example inquiry into deaths in custody e.g. under the control of police or prison officers, the State is under an obligation to provide plausible explanation as to the cause of death. The issue is whether ECHR can be regarded as universal standard hence being referred to and applied for the local coroners in holding inquest proceeding particularly in investigating to death cases beyond term of reference provided by domestic law. Thus broadening the scope of coroner’s enquiry and compatible with the Convention right under Article 2. This paper will discuss the application of ECHR in UK coronial legal system by analyzing latest reported cases and the possibilities of Malaysian coroner to adopt the principle enunciated by the Convention in making the death investigation more effective Fakulti Undang - Undang 2010 Article PeerReviewed Noorfajri Ismail, (2010) Application of international convention on human rights in British Coronial System as an example for Malaysia. Jurnal Undang-undang, 14 . ISSN 1394-7729 http://ejournal.ukm.my/juum
institution Universiti Kebangsaan Malaysia
building Perpustakaan Tun Sri Lanang Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Kebangsaan Malaysia
content_source UKM Journal Article Repository
url_provider http://journalarticle.ukm.my/
description Coroner’s inquest or deaths investigation have always been regarded as a domestic law of the respective country. Therefore the local procedural legal framework on death enquiry is considered as a primary source of law. However investigation relating to who, how, where and on what manner the deceased came into his death are crucial issues pertaining to ‘right to life’ which is a salient feature of human right, a right that is internationally recognized via international convention. By virtue of Article 2 of European Convention on Human Rights (ECHR), everyone’s right to life shall be protected by law. This obligation vested upon the State to protect the right to life so as to form an effective official investigation whenever there are cases of individual unlawful killed or died as a result of the use of force by, inter alia agents of the State. Any deprivation of life must be subjected to the most careful scrutiny. For example inquiry into deaths in custody e.g. under the control of police or prison officers, the State is under an obligation to provide plausible explanation as to the cause of death. The issue is whether ECHR can be regarded as universal standard hence being referred to and applied for the local coroners in holding inquest proceeding particularly in investigating to death cases beyond term of reference provided by domestic law. Thus broadening the scope of coroner’s enquiry and compatible with the Convention right under Article 2. This paper will discuss the application of ECHR in UK coronial legal system by analyzing latest reported cases and the possibilities of Malaysian coroner to adopt the principle enunciated by the Convention in making the death investigation more effective
format Article
author Noorfajri Ismail,
spellingShingle Noorfajri Ismail,
Application of international convention on human rights in British Coronial System as an example for Malaysia
author_facet Noorfajri Ismail,
author_sort Noorfajri Ismail,
title Application of international convention on human rights in British Coronial System as an example for Malaysia
title_short Application of international convention on human rights in British Coronial System as an example for Malaysia
title_full Application of international convention on human rights in British Coronial System as an example for Malaysia
title_fullStr Application of international convention on human rights in British Coronial System as an example for Malaysia
title_full_unstemmed Application of international convention on human rights in British Coronial System as an example for Malaysia
title_sort application of international convention on human rights in british coronial system as an example for malaysia
publisher Fakulti Undang - Undang
publishDate 2010
url http://journalarticle.ukm.my/1701/
http://ejournal.ukm.my/juum
_version_ 1643735119235645440
score 13.211869

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