TheBritish forces had physical custody and control of the applicants and had itin their power to refuse to transfer them to the custody of the IHT, even if toact in such a way would be contrary to the United Kingdom’s international-law obligations. The applicants therefore fell within the United Kingdom’sjurisdiction for the purposes of Article 1 of the Convention and the HumanRights Act 1998
Why the UK was brought into this case. They could have denied sending the prisoners to IHT custody
Taking the evidence as a whole, we are satisfied that substantial grounds have been shown for believing there to be a real risk of the claimants being condemned to the death penalty and executed, contrary to Protocol No. 13, if they are transferred into the custody of the IHT.