Martin v. United Kingdom
European Court of Human Rights
44 Eur. Hum. Rgts. Rptr. 31 (2006)
- Written by Angela Patrick, JD
Facts
Alan Martin (defendant) was a juvenile who lived with his family while his father, a British servicemember, was stationed in Germany. Martin was accused of murdering a civilian. British military authorities (plaintiffs) charged Martin with the murder. Martin’s father returned to England and was discharged from military service while the murder charges were pending. After Martin’s father was discharged and Martin and his father were both civilians, the British military tried the murder charges by court-martial in Germany. Martin was convicted of murder. Martin appealed to the British Courts-Martial Appeal Court and the House of Lords, but both courts upheld his conviction. Martin then lodged a complaint that the United Kingdom had violated the European Convention on Human Rights by (1) trying a civilian by court-martial and (2) using unfair procedures in that court-martial. The complaint ended up before the European Court of Human Rights.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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