ERGI JUDGMENT OF 28 JULY 1998 22 safety. The death of Havva Ergi had been caused during a clash with terrorists occurring in the course of lawful acts taken by the State to protect the lives of its citizens from terrorism. This could in no manner disclose a violation of its obligations under Article 2 of the Convention. 75. In the Government’s view, the Commission had wrongly applied to the present case the principles enunciated by the Court in the McCann and Others v. the United Kingdom judgment (27 September 1995, Series A no. 324). Unlike the present case, the British case had concerned a security operation organised and deliberately directed against three terrorists suspected of preparing a bomb attack and it had been an established fact that the persons concerned had been killed by the security forces. In that case, the authorities had been well informed in advance of the identity of the terrorists and the nature of the suspected crime, which they expected to be committed within a precise and limited area outside the British metropolitan territory. This had not been the situation in the instant case. Thus, whilst a review by the Court of the planning and control of the operation may have been called for in the British case, that was not so in the case at hand. 76. Moreover, the Government contested the establishment of facts made by the Commission. It had failed to take into account the number of lies and inconsistencies and the general uncertainty on which the whole case had been based. This had been brought to light during the hearing before the delegates, as had the applicant’s bad faith. In this connection the Government stressed the following. Whereas the applicant’s purported statement to the Human Rights Association had referred to continuous fire by the security forces, he had sought to impress the Commission’s delegates in his oral testimony by using the word “bombardment”. In fact, only three spent cartridges had been found in the village itself, which in turn showed that the exchange of fire had not taken place inside or against the village and certainly had not been on the scale alleged. Mr Ergi had also stated that the fifteen cartridges he had allegedly found were situated at about 700 metres from his house. The physical distance involved was in complete contradiction with the theory that clashes had occurred within the village. Of even greater detriment to the applicant’s case and to add weight to this allegation, up until the hearing of 7 February 1996 Muharrem Ergi had clearly and firmly claimed that he was an eyewitness to the incident on 29 September 1993. However, it appeared from his observations submitted to the Commission a year after the admissibility decision that he had not been present during the incident (see paragraph 35 above). In another attempt by the applicant to impress members of the Commission he claimed in his initial application that, prior to the so-called “bombardment”, about 200 families had lived in the village and that the number had subsequently