Keyu and others (Appellants) v Secretary of State for Foreign and Commonwealth Affairs and another (Respondents)

This appeal concerned a series of events in December 1948 when a Scots Guards patrol shot and killed 24 unarmed civilians in the village of Batang Kali, in Selangor. The appellants, who are closely related to one or more of the victims, contend that the killings amounted to unjustified murder, and that the United Kingdom authorities have subsequently wrongly refused to hold a public inquiry, and have sometimes deliberately kept back relevant evidence. The respondents contend that the appellants' claim fails for a number of reasons. First, they say that the claim is barred because the killings occurred before the Convention came into existence and before the 1998 Act came into force. Secondly, they contend that even if the first argument is wrong, the appellants are too late, as their article 2 right (if any) to seek an inquiry is time-barred. Thirdly, they say that the appellants' claim fails because the Strasbourg court would rule it inadmissible as the killings occurred more than ten years before UK citizens had the right to petition the Strasbourg court. The appellants' claim based on article 2 of the Convention fails because the Strasbourg court would rule it inadmissible as the killings occurred more than ten years before UK citizens had the right to petition the Strasbourg court. The court held that the respondents' decision not to hold an inquiry into the killings at Batang Kali was Wednesbury unreasonable. The respondents did not take into account all the possible purposes and benefits of such an inquiry and reached a decision which was not one which a reasonable authority could reach.