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 57 JOINT DISSENTING OPINION OF JUDGES RYSSDAL, BERNHARDT, THÓR VILHJÁLMSSON, GÖLCÜKLÜ, PALM, PEKKANEN, SIR JOHN FREELAND, BAKA AND JAMBREK 1. We are unable to subscribe to the opinion of a majority of our colleagues that there has been a violation of Article 2 (art. 2) of the Convention in this case. 2. We will take the main issues in the order in which they are dealt with in the judgment. 3. As to the section which deals with the interpretation of Article 2 (art. 2), we agree with the conclusion in paragraph 155 that the difference between the Convention standard and the national standard as regards justification for the use of force resulting in deprivation of life is not such that a violation of Article 2 para. 1 (art. 2-1) could be found on that ground alone. We also agree with the conclusion in paragraph 164 that there has been no breach of Article 2 para. 1 (art. 2-1) on the ground of any shortcoming in the examination at national level of the circumstances surrounding the deaths. 4. As to the section dealing with the application of Article 2 (art. 2) to the facts of the case, we fully concur in rejecting as unsubstantiated the applicants’ allegations that the killing of the three suspects was premeditated or the product of a tacit agreement among those involved in the operation (paragraph 184). 5. We also agree with the conclusion in paragraph 200 that the actions of the four soldiers who carried out the shootings do not, in themselves, give rise to a violation of Article 2 (art. 2). It is rightly accepted that those soldiers honestly believed, in the light of the information which they had been given, that it was necessary to act as they did in order to prevent the suspects from detonating a bomb and causing serious loss of life: the actions which they took were thus perceived by them as absolutely necessary in order to safeguard innocent lives. 6. We disagree, however, with the evaluation made by the majority (paragraphs 202-14) of the way in which the control and organisation of the operation were carried out by the authorities. It is that evaluation which, crucially, leads to the finding of violation. 7. We recall at the outset that the events in this case were examined at the domestic level by an inquest held in Gibraltar over a period of nineteen days between 6 and 30 September 1988. The jury, after hearing the evidence of seventy-nine witnesses (including the soldiers, police officers and surveillance personnel involved in the operation and also pathologists, forensic scientists and experts on the detonation of explosive devices), and after being addressed by the Coroner in respect of the applicable domestic