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McCann and Others v. United Kingdom, Series A, No 324, Application No 18984/91(1995).

Facts: The applicants are parents of the victims who were shot dead by members of the Special Air Service, a regiment of the British Army which was expecting a terrorist attack by the IRA. An investigation began but certain information was not disclosed.

Holding: the ECHR found a violation of article 2 of the European Convention (right to life).

Reasoning: when individuals have been killed by agents of the State, article 2 imposed that an investigation be made. Even if shortcomings in the investigation had been found in the present case, the Court held that they did not hamper the making of a thorough and impartial examination of the circumstances surrounding the killings. Accordingly, there had been no breach of Article 2-1. However, the Court found a violation of article 2 because the killing of the three terrorists did not constitute a use of force which was" absolutely necessary" as proscribed by Article 2-2.

 

 

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