McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
48
significantly increasing the risk of detection (see paragraph 23 (point (e)
above).
- There was no reason to doubt the bona fides of Soldier G’s assessment
that the car was a suspect car bomb. In the first place his evidence was that
he was quite familiar with car bombs. Moreover, the car had been parked by
a known bomb-maker who had been seen to "fiddle" with something
between the seats and the car aerial appeared to be out of place. IRA car
bombs had been known from experience to have specially-fitted aerials and
G could not say for certain from an external examination that the car did not
contain a bomb (see paragraph 48 above). Furthermore, all three suspects
appeared to be leaving Gibraltar. Finally the operation of cordoning off the
area around the car began only twenty minutes after the above assessment
had been made because of the shortage of available manpower and the fact
that the evacuation plans were not intended for implementation until 7 or
8 March.
- It would have been reckless for the authorities to assume that the
terrorists might not have detonated their bomb if challenged. The IRA were
deeply committed terrorists who were, in their view, at war with the United
Kingdom and who had in the past shown a reckless disregard for their own
safety. There was still a real risk that if they had been faced with a choice
between an explosion causing civilian casualties and no explosion at all, the
terrorists would have preferred the former.
(3) The Commission
191. The Commission considered that, given the soldiers’ perception of
the risk to the lives of the people of Gibraltar, the shooting of the three
suspects could be regarded as absolutely necessary for the legitimate aim of
the defence of others from unlawful violence. It also concluded that, having
regard to the possibility that the suspects had brought in a car bomb which,
if detonated, would have occasioned the loss of many lives and the
possibility that the suspects could have been able to detonate it when
confronted by the soldiers, the planning and execution of the operation by
the authorities did not disclose any deliberate design or lack of proper care
which might have rendered the use of lethal force disproportionate to the
aim of saving lives.
(b) The Court’s assessment
(1) Preliminary considerations
192. In carrying out its examination under Article 2 (art. 2) of the
Convention, the Court must bear in mind that the information that the
United Kingdom authorities received that there would be a terrorist attack in
Gibraltar presented them with a fundamental dilemma. On the one hand,
they were required to have regard to their duty to protect the lives of the