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Ministry of Defence

Answer

Mr. McNamara: To ask the Secretary of State for Defence what the arrangements are for the investigation of the cause of death of service personnel serving overseas in (a) Germany, (b) Bosnia, (c) Kosovo, (d) Afghanistan and (e) other principal countries of posting; by what means he ensures the protection of rights to an independent, prompt and effective investigation under the European Convention on Human Rights and Fundamental Freedoms. [80647] Dr. Moonie: :Rules governing jurisdiction for investigation of un-natural deaths of Service personnel outside the United Kingdom are detailed in the Queen's Regulations for each service. These state that the position on jurisdiction is as follows: Wholly with the service authorities where an offence has been committed against service law only but subject, in a foreign country or independent country with the Commonwealth, to the law of that country or the terms of a treaty or agreement permitting the service authorities to exercise such jurisdiction; wholly with the civil authorities where an offence has been committed solely under the local law ; with both the Service authorities and the civil authorities where an offence has been committed against both Service law and the law of the country or colony concerned; or in the case of a force which is forming part of a United Nations force occupying former enemy territory, jurisdiction generally lies exclusively with the authorities of the force. Investigations are conducted by the Special Investigations Branch (SIB) of the relevant UK Military Police, where appropriate in conjunction with the local civilian police force. Where the body is returned to the UK it automatically becomes subject to an inquest by HM Coroner or (in Scotland) the Procurator Fiscal. All cases of sudden death are investigated to Home Office standards using accepted best practice.

Secondary information

Type

Written question

Reference

394 c120W;394 c118W; 80647

Session

2002-03

Subjects

Criminal investigation Armed forces Death British nationality Human rights Germany Afghanistan Kosovo Bosnia and Herzegovina Countries

Link

View this Written question on www.publications.parliament.uk