One might ask whether the real loser here is not the UN system of human rights protection. By producing such a poorly-reasoned opinion, the Working Group has brought itself into disrepute, whilst Sweden and the UK’s decisions buy phone number list not to follow the Working Group’s advice is likely to encourage other States to do the same in other, less acceptable circumstances.Gray v. Germany and the Extraterritorial Positive Obligation to Investigate
Written by Marko Milanovic
Last week a chamber of the European Court of Human Rights decided Gray v. Germany, no. 49278/09. The applicants were the sons of a British man who died in the UK after a doctor gave him the wrong drugs on a house visit. The doctor was German, and was hired by the UK National Health Service to provide out-of-hours home service to NHS patients. The doctor returned to Germany after the applicants’ father’s death. After a criminal malpractice investigation was conducted in the UK, Germany refused to extradite the doctor on the basis that criminal proceedings would ex officio take place in Germany.