McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
50
197. As regards the shooting of Mr Savage, the evidence revealed that
there was only a matter of seconds between the shooting at the Shell garage
(McCann and Farrell) and the shooting at Landport tunnel (Savage). The
Commission found that it was unlikely that Soldiers C and D witnessed the
first shooting before pursuing Mr Savage who had turned around after being
alerted by either the police siren or the shooting (see paragraph 132 above).
Soldier C opened fire because Mr Savage moved his right arm to the area
of his jacket pocket, thereby giving rise to the fear that he was about to
detonate the bomb. In addition, Soldier C had seen something bulky in his
pocket which he believed to be a detonating transmitter. Soldier D also
opened fire believing that the suspect was trying to detonate the supposed
bomb. The soldiers’ version of events was corroborated in some respects by
Witnesses H and J, who saw Mr Savage spin round to face the soldiers in
apparent response to the police siren or the first shooting (see paragraphs 83
and 85 above).
The Commission found that Mr Savage was shot at close range until he
hit the ground and probably in the instant as or after he had hit the ground
(see paragraph 132 above). This conclusion was supported by the
pathologists’ evidence at the inquest (see paragraph 110 above).
198. It was subsequently discovered that the suspects were unarmed, that
they did not have a detonator device on their persons and that there was no
bomb in the car (see paragraphs 93 and 96 above).
199. All four soldiers admitted that they shot to kill. They considered that
it was necessary to continue to fire at the suspects until they were rendered
physically incapable of detonating a device (see paragraphs 61, 63, 80 and
120 above). According to the pathologists’ evidence Ms Farrell was hit by
eight bullets, Mr McCann by five and Mr Savage by sixteen (see paragraphs
108-10 above).
200. The Court accepts that the soldiers honestly believed, in the light of
the information that they had been given, as set out above, that it was
necessary to shoot the suspects in order to prevent them from detonating a
bomb and causing serious loss of life (see paragraph 195 above). The
actions which they took, in obedience to superior orders, were thus
perceived by them as absolutely necessary in order to safeguard innocent
lives.
It considers that the use of force by agents of the State in pursuit of one
of the aims delineated in paragraph 2 of Article 2 (art. 2-2) of the
Convention may be justified under this provision (art. 2-2) where it is based
on an honest belief which is perceived, for good reasons, to be valid at the
time but which subsequently turns out to be mistaken. To hold otherwise
would be to impose an unrealistic burden on the State and its lawenforcement personnel in the execution of their duty, perhaps to the
detriment of their lives and those of others.