McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
JOINT DISSENTING OPINION OF JUDGES RYSSDAL, BERNHARDT, THÓR
VILHJÁLMSSON, GÖLCÜKLÜ, PALM, PEKKANEN, SIR JOHN FREELAND, BAKA AND
JAMBREK
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Commission, we are satisfied that no failings have been shown in the
organisation and control of the operation by the authorities which could
justify a conclusion that force was used against the suspects
disproportionately to the purpose of defending innocent persons from
unlawful violence. We consider that the use of lethal force in this case,
however regrettable the need to resort to such force may be, did not exceed
what was, in the circumstances as known at the time, "absolutely necessary"
for that purpose and did not amount to a breach by the United Kingdom of
its obligations under the Convention.
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