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McCann v. United Kingdom

European Court of Human Rights

21 E.H.R.R. 97 (1996)

Relevant factsFree

UK authorities believed Daniel McCann, Sean Savage, and Mairead Farrell, suspected IRA members, were planning to detonate a car bomb in Gibraltar by remote device, and briefed SAS soldiers to shoot to kill given the risk of a push-button detonation. Undercover soldiers secretly followed the three suspects, and when they made sudden movements after apparently noticing a soldier, the soldiers shot and killed them, though it was later found none were armed or carrying detonators; a search did uncover a second car containing explosives and ammunition. Relatives (plaintiffs) sued the UK Ministry of Defence, and after that suit was dismissed on sovereign-immunity grounds, they brought their claim to the European Commission on Human Rights, which found no violation, leading to review by the European Court of Human Rights.

IssueFree

Whether human rights law is violated when an anti-terrorist operation is controlled and organized in a way that does not adequately take into consideration the right to life of suspected terrorists.

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