McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
2
Freedoms ("the Convention"). It originated in an application (no. 18984/91)
against the United Kingdom of Great Britain and Northern Ireland lodged
with the Commission under Article 25 (art. 25) on 14 August 1991 by Ms
Margaret McCann, Mr Daniel Farrell and Mr John Savage, who are all Irish
and United Kingdom citizens. They are representatives of the estates of Mr
Daniel McCann, Ms Mairead Farrell and Mr Sean Savage (see paragraph 23
below).
The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48)
and to the declaration whereby the United Kingdom recognised the
compulsory jurisdiction of the Court (Article 46) (art. 46). The object of the
request was to obtain a decision as to whether the facts of the case disclosed
a breach by the respondent State of its obligations under Article 2 (art. 2) of
the Convention.
2. In response to the enquiry made in accordance with Rule 33 para. 3 (d)
of Rules of Court A, the applicants stated that they wished to take part in the
proceedings and designated the lawyers who would represent them (Rule
30).
3. The Chamber to be constituted included ex officio Sir John Freeland,
the elected judge of British nationality (Article 43 of the Convention)
(art. 43), and Mr R. Ryssdal, the President of the Court (Rule 21 para. 3
(b)). On 28 May 1994, in the presence of the Registrar, the President drew
by lot the names of the other seven members, namely Mr Thór
Vilhjálmsson, Mr F. Gölcüklü, Mr A. Spielmann, Mrs E. Palm,
Mr A.N. Loizou, Mr M.A. Lopes Rocha and Mr P. Jambrek (Article 43 in
fine of the Convention and Rule 21 para. 4) (art. 43).
4. As President of the Chamber (Rule 21 para. 5), Mr Ryssdal, acting
through the Registrar, consulted the Agent of the United Kingdom
Government ("the Government"), the applicants’ lawyers and the Delegate
of the Commission on the organisation of the proceedings (Rules 37 para. 1
and 38). Pursuant to the orders made in consequence, the Government’s
memorial was lodged at the registry on 3 and 4 November 1994, the
applicants’ memorial on 22 November and their claims for just satisfaction
under Article 50 (art. 50) of the Convention on 18 and 25 January 1995. The
Secretary to the Commission subsequently informed the Registrar that the
Delegate did not wish to comment in writing on the memorials filed.
5. On 21 September 1994, the President had granted, under Rule 37 para.
2, leave to Amnesty International to submit written comments on specific
aspects of the case. Leave was also granted on the same date, subject to
certain conditions, to Liberty, the Committee on the Administration of
Justice, Inquest and British-Irish Rights Watch to submit joint written
comments. The respective comments were received on 16 November and 2
December 1994.
6. On 21 September 1994, the Chamber decided, pursuant to Rule 51, to
relinquish jurisdiction forthwith in favour of a Grand Chamber. By virtue of