3
McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
Rule 51 para. 2 (a) and (b), the President and the Vice-President of the
Court (Mr Ryssdal and Mr R. Bernhardt) as well as the other members of
the original Chamber are members of the Grand Chamber. However, at his
request, Mr Loizou was exempted from sitting in the case (Rule 24 para. 3).
On 24 September 1994 the names of the additional judges were drawn by
lot by the President, in the presence of the Registrar, namely Mr C. Russo,
Mr N. Valticos, Mr R. Pekkanen, Mr J.M. Morenilla, Mr A.B. Baka,
Mr G. Mifsud Bonnici, Mr J. Makarczyk, Mr B. Repik, Mr P. Kuris and
Mr U. Lohmus.
7. On 15 February 1995, the Government submitted a brief concerning
various issues raised by the applicants and the intervenors in their
memorials.
8. In accordance with the President’s decision, the hearing took place in
public in the Human Rights Building, Strasbourg, on 20 February 1995. The
Grand Chamber had held a preparatory meeting beforehand and decided to
consent to the filing of the Government’s brief.
9. There appeared before the Court:
(a) for the Government
Mr M.R. EATON, Deputy Legal Adviser,
Foreign and Commonwealth Office,
Agent,
Mr S. RICHARDS, Barrister-at-Law,
Mr J. EADIE, Barrister-at-Law,
Mr N. LAVENDER, Barrister-at-Law,
Counsel,
Mr D. SEYMOUR, Home Office,
Ms S. Ambler-EDWARDS, Ministry of Defence,
Mr D. PICKUP, Ministry of Defence,
Advisers;
(b) for the Commission
Sir Basil HALL,
Delegate;
(c) for the applicants
Mr D. KORFF,
Counsel,
Mr B. MCGRORY,
Solicitor.
The Court heard addresses by Sir Basil Hall, Mr Korff, Mr McGrory and
Mr Richards.
10. At the request of the Court the Government submitted, on 9 March
1995, various judgments of the English and Northern Ireland courts
concerning the use of lethal force by members of the security forces.
11. On 23 March 1995 the applicants submitted their reply to the
Government’s brief.