Part 3
77
detonated and that the only way of preventing this and the consequential heavy
loss of life was to use lethal force. The use of force by the soldiers on the spot
may be justified, as it was based on an honest belief, which could be considered
valid at the time, but turned out to be mistaken. The contrary view would have
imposed an unrealistic burden on the soldiers in the execution of their duty, perhaps to the detriment of their own and others’ security and lives.
However, a distinction must be made between the soldiers’ and their commanders’ responsibilities. Careful scrutiny of the circumstances surrounding the soldiers’ actions is required. The anti-terrorism operation as a whole should be
assessed, examining how it was controlled and organized and whether the information and instructions provided to the soldiers that led to the use of lethal
force adequately took into consideration the lives of the three terrorism suspects.
In the present case, commanders could and should have given the order to stop
the car and detain its occupants. This plan would have been a surer way of preventing the plot, while using less forceful means.
The possible disparity between the rules of engagement for use of firearms by
the army or by the police may also be examined. Army and police instructions
might contrast in the degree of prudence and caution to be expected, even
when dealing with terrorism suspects.
Consequently, there has been a violation of the three suspects’ right to life, as
a result of improper planning and control of the operation.
* This case study is taken from the facts in McCann and Others v. UK, and the analysis of the
question on the findings of the ECtHR in that case.77
There may be no violation of the right to life if just one or two minor errors
are made. Law enforcement officers are human beings who are prone to error
on occasion, and the courts are aware of this. However, a violation is likely to
occur if a series of mistakes were allowed, calling into question the efficacy
of the planning for the entire operation and leading to the loss of life. The
duty of the police in such cases is to ensure that there is a leadership and
management structure in place that is robust and thorough enough to ensure
77 ECtHR, McCann and Others v. UK, Application No 18984/91, 27 September 1995, <http://
hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001–57943>.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents