You do not have permission to edit this page, for the following reasons:

This IP address has been blocked from editing Wikipedia.
This does not affect your ability to read Wikipedia pages.
Most people who see this message have done nothing wrong. Some kinds of blocks restrict editing from specific service providers or telecom companies in response to recent abuse or vandalism, and can sometimes affect other users who are unrelated to that abuse. Review the information below for assistance if you do not believe that you have done anything wrong.

The IP address or range 44.201.0.0/16 has been blocked (disabled) by ‪ST47‬ for the following reason(s):

The IP address that you are currently using has been blocked because it is believed to be a web host provider. To prevent abuse, web hosts may be blocked from editing Wikipedia.
You will not be able to edit Wikipedia using a web host provider because it hides your IP address, much like a proxy or VPN.
We recommend that you attempt to use another connection to edit. For example, if you use a proxy or VPN to connect to the internet, turn it off when editing Wikipedia. If you edit using a mobile connection, try using a Wi-Fi connection, and vice versa. If you are using a corporate internet connection, switch to a different Wi-Fi network. If you have a Wikipedia account, please log in.
If you do not have any other way to edit Wikipedia, you will need to request an IP block exemption.

How to appeal if you are confident that your connection does not use a web host's IP address:
If you are confident that you are not using a web host, you may appeal this block by adding the following text on your talk page: ((unblock|reason=Caught by a web host block but this host or IP is not a web host. My IP address is _______. Place any further information here. ~~~~)). You must fill in the blank with your IP address for this block to be investigated. Your IP address can be determined here. Alternatively, if you wish to keep your IP address private you can use the unblock ticket request system. There are several reasons you might be editing using the IP address of a web host (such as if you are using VPN software or a business network); please use this method of appeal only if you think your IP address is in fact not a web host.

Administrators: The IP block exemption user right should only be applied to allow users to edit using web host in exceptional circumstances, and they should usually be directed to the functionaries team via email. If you intend to give the IPBE user right, a CheckUser needs to take a look at the account. This can be requested most easily at SPI Quick Checkuser Requests. Unblocking an IP or IP range with this template is highly discouraged without at least contacting the blocking administrator.

This block will expire on 23:54, 31 July 2024.

Even when blocked, you will usually still be able to edit your user talk page, as well as email administrators and other editors.

For information on how to proceed, please read the FAQ for blocked users and the guideline on block appeals. The guide to appealing blocks may also be helpful.

Other useful links: Blocking policy · Help:I have been blocked
Your IP address is in a range that has been blocked on all Wikimedia Foundation wikis. The block was made by ‪AntiCompositeNumber‬. The reason given is Open proxy/Webhost: Visit the FAQ if you are affected .
- Start of block: 13:55, 18 August 2022
- Expiry of block: 13:55, 18 April 2025
Your current IP address is 44.201.28.123. The blocked range is 44.201.0.0/16. Please include all above details in any queries you make. If you believe you were blocked by mistake, you can find additional information and instructions in the No open proxies global policy. Otherwise, to discuss the block please post a request for review on Meta-Wiki. You could also send an email to the stewards VRT queue at stewards@wikimedia.org including all above details.

You can view and copy the source of this page:

((Short description|Legal case))
((About|the 1995 legal case before the European Court of Human Rights|the similarly titled 2008 legal case before the European Court of Human Rights|McCann v United Kingdom))
((Use dmy dates|date=April 2022))
((more citations needed|date=October 2020))
((Infobox court case
| name = 
| court = European Court of Human Rights
| image = 
| caption = 
| date decided = 
| full name = 
| citations = 
| judges = 
| prior actions =  
| subsequent actions = 
| opinions = 
| transcripts =
| keywords = 
))
'''''McCann and Others v United Kingdom''''' (21 ECHR 97 GC) is a legal case tried in 1995 before the [[European Court of Human Rights]] (ECHR) regarding a purported breach of Article 2 of the [[European Convention on Human Rights]] by the [[United Kingdom]].

==Facts==
((main|Operation Flavius))
Intelligence suggested a team of known [[Provisional Irish Republican Army]] (IRA) members ([[Daniel McCann]], [[Seán Savage]] and [[Mairéad Farrell]]) were planning a bombing in [[Gibraltar]]. ((Citation needed|date=March 2021))
One of the members was a known explosives expert while the others had been linked as well as convicted for various explosive and terrorist related activities. ((Citation needed|date=March 2021))
During surveillance, the team crossed the border from [[Spain]] with no resistance from the authorities and subsequently parked a car in a crowded place. In past instances, the IRA had employed remote control detonators and intelligence suggested the car was rigged with explosives with the suspects holding the remote detonator.

A team of [[Special Air Service|SAS]] soldiers was sent to intercept and arrest them on conspiracy charges, in an operation code-named [[Operation Flavius]]. The team, in accordance with their training, shot and killed the suspects which at the time the teams claimed to be a justifiable response to the suspects allegedly reaching for what the team believed were the detonators. The inquest into the shootings found no breach of Article 2 or the Gibraltar constitution. At the time of the shootings the suspects had neither a detonator nor any explosives. A car was however found registered under one of the suspects names which had been laced with explosive devices of 'ticking time bomb' type and not remote detonators. It appeared that the suspects were on a reconnaissance-mission and had parked their car to save a space for the actual car containing the explosives. ((Citation needed|date=March 2012))

==Judgment==
The ECtHR considered whether the shooting was disproportionate to the aims to be achieved by the state in apprehending the suspects and defending the citizens of Gibraltar from unlawful violence; the court found a violation of article 2: the killing of the three IRA members did not constitute a use of force which was "absolutely necessary" as proscribed by Article 2-2.

The violation of Article 2 was found by a vote of 10 to 9 in the planning by the Authorities in that it was not "strictly proportionate" to the objectives to be achieved; i.e. saving lives. First, the court found a breach in the failure to arrest the suspects at the border so as to safeguard all human lives concerned. Second, the court found that the authorities did not consider the correctness of the intelligence (which turned out to be wrong) and, thirdly, the use of SAS soldiers - combat teams trained to shoot to kill - also amounted to a procedural failure in planning the mission which breached article 2. Nine of nineteen judges dissented: [[Rolv Ryssdal|Ryssdal]], Bernhardt, Vilhjálmsson, Gölcüklü, Palm, Pekkanen, Freeland, Baka and Jambrek. The court rejected that the U.K. had specifically planned an execution mission and not an arrest mission and dismissed unanimously the applicants' claims save for compensation for legal expenses.

The Court held:
* By ten votes to nine that there was a violation of Article 2 (art. 2) of the Convention; 
* Held unanimously that the United Kingdom is to pay to the applicants, within three months, £38,700 (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) French francs to be converted into pounds sterling at the rate of exchange applicable on the date of delivery of the present judgment; 
* Dismissed unanimously the applicants' claim for damages; 
* Dismissed unanimously the applicants' claim for costs and expenses incurred in the Gibraltar inquest; 
* Dismissed unanimously the remainder of the claims for just satisfaction.

==See also==
*[[UK constitutional law]]
*[[EU law]]

==Notes==
((reflist|2))

==External links==
*[http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=695820&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649 ECtHR judgment, 27 September 1995]

[[Category:Article 2 of the European Convention on Human Rights]]
[[Category:European Court of Human Rights cases involving the United Kingdom]]
[[Category:People killed by security forces during The Troubles (Northern Ireland)]]
[[Category:1995 in United Kingdom case law]]

Pages transcluded onto the current version of this page (help):

McCann and Others v United Kingdom (edit)
Template:About (view source) (template editor protected)
Template:Ambox (view source) (template editor protected)
Template:Category handler (view source) (protected)
Template:Citation needed (view source) (protected)
Template:DMCA (view source) (template editor protected)
Template:Dated maintenance category (view source) (template editor protected)
Template:Dated maintenance category (articles) (view source) (template editor protected)
Template:Delink (view source) (protected)
Template:FULLROOTPAGENAME (view source) (template editor protected)
Template:Find sources mainspace (view source) (template editor protected)
Template:Fix (view source) (protected)
Template:Fix/category (view source) (protected)
Template:If empty (view source) (protected)
Template:Infobox court case (view source) (template editor protected)
Template:Infobox court case/images (view source) (template editor protected)
Template:Main (view source) (template editor protected)
Template:Main other (view source) (protected)
Template:More citations needed (view source) (template editor protected)
Template:Nowrap (view source) (protected)
Template:Ns has subpages (view source) (protected)
Template:PAGENAMEBASE (view source) (template editor protected)
Template:Pagetype (view source) (protected)
Template:Reflist (view source) (protected)
Template:Reflist/styles.css (view source) (protected)
Template:SDcat (view source) (protected)
Template:Short description (view source) (protected)
Template:Short description/lowercasecheck (view source) (protected)
Template:Use dmy dates (view source) (template editor protected)
Module:About (view source) (template editor protected)
Module:Arguments (view source) (protected)
Module:Category handler (view source) (protected)
Module:Category handler/blacklist (view source) (protected)
Module:Category handler/config (view source) (protected)
Module:Category handler/data (view source) (protected)
Module:Category handler/shared (view source) (protected)
Module:Check for unknown parameters (view source) (protected)
Module:Delink (view source) (protected)
Module:Disambiguation/templates (view source) (protected)
Module:Find sources (view source) (template editor protected)
Module:Find sources/config (view source) (template editor protected)
Module:Find sources/links (view source) (template editor protected)
Module:Find sources/templates/Find sources mainspace (view source) (template editor protected)
Module:Format link (view source) (template editor protected)
Module:Hatnote (view source) (template editor protected)
Module:Hatnote/styles.css (view source) (template editor protected)
Module:Hatnote list (view source) (template editor protected)
Module:If empty (view source) (protected)
Module:Infobox (view source) (template editor protected)
Module:Infobox/styles.css (view source) (template editor protected)
Module:InfoboxImage (view source) (template editor protected)
Module:Italic title (view source) (template editor protected)
Module:Labelled list hatnote (view source) (template editor protected)
Module:Message box (view source) (protected)
Module:Message box/ambox.css (view source) (protected)
Module:Message box/configuration (view source) (protected)
Module:Namespace detect/config (view source) (protected)
Module:Namespace detect/data (view source) (protected)
Module:Ns has subpages (view source) (protected)
Module:Pagetype (view source) (protected)
Module:Pagetype/config (view source) (protected)
Module:Pagetype/disambiguation (view source) (protected)
Module:Pagetype/setindex (view source) (protected)
Module:Pagetype/softredirect (view source) (protected)
Module:SDcat (view source) (protected)
Module:String (view source) (protected)
Module:Unsubst (view source) (protected)
Module:Wikitext Parsing (view source) (protected)
Module:Yesno (view source) (protected)

Return to McCann and Others v United Kingdom.

Retrieved from "https://en.wikipedia.org/wiki/McCann_and_Others_v_United_Kingdom"