Often known as the 'Death on the Rock' case, it was brought by the relatives of three alleged IRA members who were shot dead in Gibraltar by members of the British security forces. The UK claimed that its agents believed the three suspects were about to detonate a bomb. The court found no violation of the ECHR, art 2 in relation to the shooting by the soldiers themselves. It accepted that the soldiers honestly believed, in the light of the information that they had been given, that it was necessary to shoot the suspects in order to prevent them from causing serious loss of life. The actions which the soldiers took, in obedience to superior orders, were thus perceived as necessary in order to safeguard innocent lives. However, the court did find a breach by the UK in relation to the lack of care exercised in the control and organisation of the overall security operation.
Answer
McCann, Farrell and Savage v UK (1996) 21 EHRR 97
Tags
#freedom-of-person #human-rights #public
Question
Often known as the 'Death on the Rock' case, it was brought by the relatives of three alleged IRA members who were shot dead in Gibraltar by members of the British security forces. The UK claimed that its agents believed the three suspects were about to detonate a bomb. The court found no violation of the ECHR, art 2 in relation to the shooting by the soldiers themselves. It accepted that the soldiers honestly believed, in the light of the information that they had been given, that it was necessary to shoot the suspects in order to prevent them from causing serious loss of life. The actions which the soldiers took, in obedience to superior orders, were thus perceived as necessary in order to safeguard innocent lives. However, the court did find a breach by the UK in relation to the lack of care exercised in the control and organisation of the overall security operation.
Answer
?
Tags
#freedom-of-person #human-rights #public
Question
Often known as the 'Death on the Rock' case, it was brought by the relatives of three alleged IRA members who were shot dead in Gibraltar by members of the British security forces. The UK claimed that its agents believed the three suspects were about to detonate a bomb. The court found no violation of the ECHR, art 2 in relation to the shooting by the soldiers themselves. It accepted that the soldiers honestly believed, in the light of the information that they had been given, that it was necessary to shoot the suspects in order to prevent them from causing serious loss of life. The actions which the soldiers took, in obedience to superior orders, were thus perceived as necessary in order to safeguard innocent lives. However, the court did find a breach by the UK in relation to the lack of care exercised in the control and organisation of the overall security operation.
Answer
McCann, Farrell and Savage v UK (1996) 21 EHRR 97
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Open it McCann, Farrell and Savage v UK (1996) 21 EHRR 97 is one of the leading Strasbourg cases on the ECHR, art 2 and provides guidance on dealing with the situations outlined above. Often known as the 'Death on the Rock' case, it was brought
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