The UK Court of Protection has held that blood samples can be taken from the former Russian military intelligence officer, Sergei Skripal, and his daughter without their consent following a suspected poisoning which left both of them unconscious and in critical condition. This order allows the Organisation for the Prohibition of Chemical Weapons (OCPW) to carry out analysis to test for evidence of nerve agents.
The Secretary of State of the Home Department (SSHD) argued that the taking of blood samples was in the best interests of the two victims and that there were a number of factors that had to be taken into consideration in order to determine what the best interests of both victims were. The SSHD maintained that their best interests were not to be limited to purely medical factors, but also what beliefs and values would have potentially motivated their decisions if they were conscious, and had the capacity to make such choices.
According to the SSHD, a person who suffered as a result of such an attack would generally want to have the matter investigated and the perpetrators caught and prosecuted. They would also be expected to reflect on the possible consequences of their decision on other people and to uphold their duty as a responsible citizen, as well as supporting the efforts of the UK Government and any international bodies, such as the OPCW, in seeking to bring the matter to justice. The Official Solicitor, acting on behalf of the Skripals, was in agreement with these claims, submitting that there was no evidence to suggest to the court that either victim had held any views that were to the contrary.
Mr Justice Williams declared that as he was not familiar with the past or present beliefs and values of either victim, he would approach the decision under the assumption that both Mr Skripal and Ms Skripal were reasonable citizens. He went on to state that most reasonable citizens would wish to ‘‘secure the best information about what has happened when a serious crime is alleged to have been committed’’, declaring that such a person would believe in the ‘‘rule of law’’ and that ‘‘justice should be done.’’
Therefore, in general agreement with the SSHD, he accepted that both Mr Skripal and Ms Skripal would be influenced by the same beliefs and views of most reasonable citizens and therefore would consent to the taking and examining of blood samples and granted a court order to allow OPCW to carry out these duties.
Click here for the judgement in Secretary of State for the Home Department v Sergei Skripal.