41
McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
considered under Articles 6 and 13 (art. 6, art. 13) of the Convention provisions (art. 6, art. 13) that have not been invoked by the applicants.
161. The Court confines itself to noting, like the Commission, that a
general legal prohibition of arbitrary killing by the agents of the State would
be ineffective, in practice, if there existed no procedure for reviewing the
lawfulness of the use of lethal force by State authorities. The obligation to
protect the right to life under this provision (art. 2), read in conjunction with
the State’s general duty under Article 1 (art. 2+1) of the Convention to
"secure to everyone within their jurisdiction the rights and freedoms defined
in [the] Convention", requires by implication that there should be some
form of effective official investigation when individuals have been killed as
a result of the use of force by, inter alios, agents of the State.
162. However, it is not necessary in the present case for the Court to
decide what form such an investigation should take and under what
conditions it should be conducted, since public inquest proceedings, at
which the applicants were legally represented and which involved the
hearing of seventy-nine witnesses, did in fact take place. Moreover, the
proceedings lasted nineteen days and, as is evident from the inquest’s
voluminous transcript, involved a detailed review of the events surrounding
the killings. Furthermore, it appears from the transcript, including the
Coroner’s summing-up to the jury, that the lawyers acting on behalf of the
applicants were able to examine and cross-examine key witnesses, including
the military and police personnel involved in the planning and conduct of
the anti-terrorist operation, and to make the submissions they wished to
make in the course of the proceedings.
163. In light of the above, the Court does not consider that the alleged
various shortcomings in the inquest proceedings, to which reference has
been made by both the applicants and the intervenors, substantially
hampered the carrying out of a thorough, impartial and careful examination
of the circumstances surrounding the killings.
164. It follows that there has been no breach of Article 2 para. 1 (art. 2-1)
of the Convention on this ground.
B. Application of Article 2 (art. 2) to the facts of the case
1. General approach to the evaluation of the evidence
165. While accepting that the Convention institutions are not in any
formal sense bound by the decisions of the inquest jury, the Government
submitted that the verdicts were of central importance to any subsequent
examination of the deaths of the deceased. Accordingly, the Court should
give substantial weight to the verdicts of the jury in the absence of any
indication that those verdicts were perverse or ones which no reasonable
tribunal of fact could have reached. In this connection, the jury was