McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
36
Articles 9 to 17 contain a series of detailed requirements that should be observed by
investigative procedures into such deaths.
PROCEEDINGS BEFORE THE COMMISSION
141. The applicants lodged their application (no. 18984/91) with the
Commission on 14 August 1991. They complained that the killings of
Daniel McCann, Mairead Farrell and Sean Savage by members of the SAS
(Special Air Service) constituted a violation of Article 2 (art. 2) of the
Convention.
142. On 3 September 1993 the Commission declared the applicants’
complaint admissible.
In its report of 4 March 1994 (Article 31) (art. 31), it expressed the
opinion that there had been no violation of Article 2 (art. 2) (eleven votes to
six). The full text of the Commission’s opinion and of the three dissenting
opinions contained in the report is reproduced as an annex to this judgment 3.
FINAL SUBMISSIONS TO THE COURT
143. The Government submitted that the deprivations of life to which the
applications relate were justified under Article 2 para. 2 (a) (art. 2-2-a) as
resulting from the use of force which was no more than absolutely necessary
in defence of the people of Gibraltar from unlawful violence and the Court
was invited to find that the facts disclosed no breach of Article 2 (art. 2) of
the Convention in respect of any of the three deceased.
144. The applicants submitted that the Government have not shown
beyond reasonable doubt that the planning and execution of the operation
was in accordance with Article 2 para. 2 (art. 2-2) of the Convention.
Accordingly, the killings were not absolutely necessary within the meaning
of this provision (art. 2-2).
3
Note by the Registrar: for practical reasons this annex will appear only
with the printed version of the judgment (volume 324 of Series A of the
Publications of the Court), but a copy of the Commission's report is
available from the registry.