ERGI JUDGMENT OF 28 JULY 1998 24 is thus not persuaded that there exist any exceptional circumstances compelling it to reach a different conclusion from that of the Commission which, as already indicated, has the primary task of establishment and verification of the facts. Accordingly, the Court too considers that there is an insufficient factual and evidentiary basis on which to conclude that the applicant’s sister was, beyond reasonable doubt, intentionally killed by the security forces in the circumstances alleged by the applicant. (b) Alleged failure to comply with other requirements of Article 2 (i) As to the planning and conduct of the operation 79. At the outset, the Court notes that, on the Government’s own account, the security forces had carried out an ambush operation and had engaged in an armed clash with the PKK in the vicinity of the village (see paragraphs 16–17 above). As mentioned above, they disputed, and the Court has not found it established, that the bullet which killed Havva Ergi was fired by the security forces. However, the Court is not convinced by the Government’s submission that it is inappropriate for the Court to review whether the planning and conduct of the operation was consistent with Article 2 of the Convention. In this regard, it is to be recalled that the text of this provision (see paragraph 68 above), read as a whole, demonstrates that paragraph 2 does not primarily define instances where it is permitted intentionally to kill an individual, but describes the situations where it is permitted to “use force” which may result, as an unintended outcome, in the deprivation of life. The use of the term “absolutely necessary” suggests that a stricter and more compelling test of necessity must be employed from that normally applicable when determining whether State action is “necessary in a democratic society” under paragraph 2 of Articles 8 to 11 of the Convention. In particular, the force used must be strictly proportionate to the achievement of the aims set out in sub-paragraphs 2 (a), (b) and (c) of Article 2. In keeping with the importance of this provision in a democratic society, the Court must, in making its assessment, subject deprivations of life to the most careful scrutiny, particularly where deliberate lethal force is used, taking into consideration not only the actions of the agents of the State who actually administer the force but also all the surrounding circumstances, including such matters as the planning and control of the actions under examination (see the above-mentioned McCann and Others judgment, p. 46, §§ 148–50). Furthermore, under Article 2 of the Convention, read in conjunction with Article 1, the State may be required to take certain measures in order to “secure” an effective enjoyment of the right to life. In the light of the above considerations, the Court agrees with the Commission that the responsibility of the State is not confined to