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McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
AS TO THE LAW
I. ALLEGED VIOLATION OF ARTICLE 2 (art. 2) OF THE
CONVENTION
145. The applicants alleged that the killing of Mr McCann, Ms Farrell
and Mr Savage by members of the security forces constituted a violation of
Article 2 (art. 2) of the Convention which reads:
"1. Everyone’s right to life shall be protected by law. No one shall be deprived of his
life intentionally save in the execution of a sentence of a court following his
conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this
Article (art. 2) when it results from the use of force which is no more than
absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection."
A. Interpretation of Article 2 (art. 2)
1. General approach
146. The Court’s approach to the interpretation of Article 2 (art. 2) must
be guided by the fact that the object and purpose of the Convention as an
instrument for the protection of individual human beings requires that its
provisions be interpreted and applied so as to make its safeguards practical
and effective (see, inter alia, the Soering v. the United Kingdom judgment
of 7 July 1989, Series A no. 161, p. 34, para. 87, and the Loizidou v. Turkey
(Preliminary Objections) judgment of 23 March 1995, Series A no. 310, p.
27, para. 72).
147. It must also be borne in mind that, as a provision (art. 2) which not
only safeguards the right to life but sets out the circumstances when the
deprivation of life may be justified, Article 2 (art. 2) ranks as one of the
most fundamental provisions in the Convention - indeed one which, in
peacetime, admits of no derogation under Article 15 (art. 15). Together with
Article 3 (art. 15+3) of the Convention, it also enshrines one of the basic
values of the democratic societies making up the Council of Europe (see the
above-mentioned Soering judgment, p. 34, para. 88). As such, its provisions
must be strictly construed.