#cases #freedom-of-person #human-rights #public

McCann, Farrell and Savage v UK (1996) 21 EHRR 97

Facts: The applicants were relatives of three alleged Provisional IRA terrorists who had been killed by British military personnel (members of the SAS) in Gibraltar. The UK Government’s position was that the killings, which had been carried out with little in the way of warning or concerted attempt to capture the individuals alive, was a proportionate response to the intelligence assessment which indicated that the individuals were about to explode a bomb, threatening serious loss of life. The case was critical in establishing that, when the state takes the life of individuals, an adequate investigation must be carried out. This is a very important, secondary obligation inherent within Article 2. If the investigation discloses serious errors in training, command and control, then that also will disclose a violation of the more substantive element of Article 2, namely the lawfulness of the killing in the first place.