ECHR Judgement on
the shooting of the
IRA members in
Gibraltar
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The Full Text
| Background and Summary |
A note on the role of the ECHR
If the Court finds that there has been a violation, it may award
you “just satisfaction”, a sum of money in compensation for certain
forms of damage. The Court may also require the State concerned to
refund the expenses you have incurred in presenting your case.
If the Court finds that there has been no violation, you will not have
to pay any additional costs (such as those incurred by the respondent
State).
Summary of the judgement
THE COURT
1. Holds, by 10 votes to nine that there has been a violation of Article 2
of the Convention;
2. Holds, unanimously, that the United Kingdom is to pay to the applicants,
within three months, L38,700 (thirty-eight thousand seven hundred) for
costs and expenses incurred in the Strasbourg proceedings, less 37,731
(thirty-seven thousand seven hundred and thirty-one) FF to be converted
into pounds sterling at the rate of exchange applicable on the date of
delivery of the present judgment;
3. Dismisses, unanimously, the applicants’ claims for damages;
4. Dismisses, unanimously, the applicants’ claim for costs and expenses
incurred in the Gibraltar Inquest;
5. Dismisses, the remainder of the claims for just satisfaction.
For the full judgement including the statement of the dissenting
justices please read the .pdf document prepared from the full judgement
downloaded from the ECHR website. It is presented here as a document
appropriate to the history of Gibraltar and because it seems to be no
longer publically available on the ECHR website.
Hudoc reference
REF00000528
Document type
Judgment (Merits and Art. 50)
Title
CASE OF McCANN AND OTHERS v. THE UNITED KINGDOM
Application number
00018984/91
Date
27/09/1995
Respondent
United Kingdom
Conclusion
Violation of Art. 2 ; Pecuniary damage - claim rejected ;
Non-pecuniary damage - claim rejected ;
Costs and expenses partial award - Convention proceedings
Published in
A324
Keywords
Life ; Use of Force ; Absolutely necessary ; Positive obligations ; Defence from unlawful violence ; Proportionality ; Just satisfaction ; Costs and expenses
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