Whether the Convention for the Protection of Human Rights and Fundamental Freedoms (‘European Convention on Human Rights’, ‘ECHR’) could be infringed by an administrative practice in abstracto.
Whether a state bringing an application under then Article 24 was required to exhaust domestic remedies where there existed an administrative practice in breach of the ECHR.
Whether the ‘five techniques’ of interrogation at use in interrogation centres in Northern Ireland at the relevant time constituted a practice of ill-treatment and ‘torture’ under Article 3 of the ECHR.
Whether there existed in Northern Ireland at the relevant time a public emergency threatening the life of the nation for the purposes of Article 15.
Whether the United Kingdom’s notices of derogation exceeded the extent strictly required by the exigencies of the situation within the meaning of Article 15.
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