Terrorism in Gibraltar, only justify shooting if absolutely necessary. look at planning and control of police and actions of indivs (state agents) if they can justify them. no breach as honstely blieved way to stop terrorism.
1 of 15
Andronicou & Constantinou v Cyprus
hostage in house. threatened police so specials. stormed flat with machine guns as had torches on. a killed, c injured. police didn't properly plan majority felt adequate.
2 of 15
Ergi v Turkey
terrorism. ambushed village. E shot dead, complained planning badly. state has duty to take account of risk to innocent civilians in A2(2). Breach found.
3 of 15
Pretty v UK
motor neuron disease. wanted to end life by choice, offence to assist suicide. Strasbourg and DPP not allow negative element to A2(2). A2 is clearly positive.
4 of 15
Vo v France
killed child and V injured when mistaken for different patient. not satisfied with civil remedies. Grand Chamber felt no clear view on start of life so up to MS to decide. Fr adequate protection in civil damages not need criminal.
5 of 15
Al-Saadoon and Mufdi v UK
UK soldiers murder a & m in iraq. Iraq pressure on UK to hand them over. Iraq has death penalty and UK opposed and Strasbourg ordered not to handover. no conclusion still as argue mistreatment.
6 of 15
Osman v UK
School boy harrassed by teacher who then kills his father and injures O. Police not liable as unaware of danger to them personally. liable where ought to know and didnt act. Here no suggestion of his danger.
7 of 15
Opuz v Turkey
domestic violence, O gone to police and nothing done, O went to move out and H shot injuring O and killing mother. satisfied test as aware of threat and did nothing. breached A2 & 14 as systematic failure
8 of 15
McCann v UK
also established need for effective investigations, with independant inquests.
9 of 15
Cyprus v Turkey
invasion of Cyprus and 1500 missing. turkey found no evidence. If there is proof seen by state and missing in life threatening circumstances then may hold an investigation. satisfied but no investigation so breach.
10 of 15
Kelly v UK
IRA attack on station set up ambush, shots fired. IRA killed family challenged investigation of lawfulness. 4 requirements: independence, effective (resources), concluded promptly with reasonable speed and degree of openness. breach not indept.
11 of 15
A2(2)(a)
McCann - classic example of defence of people from unlawful violence
12 of 15
A2(2)(b) Nachova v Bulgaria
2 military service escaped, ordered to find them with pistols & machine guns. 2 ran,called to stop so opened fire in air & at legs. Killed. St- limits on firearms on unarmed. never absolutely necessary even if get away.
13 of 15
A2(2)(c) Stewart v UK
patrol surrounded by 150 rioters used plastic rounds (standard) aimed away from heads. Soldier knocked and hit someone dead. Was not disproportionate measure as statistics showed safe for purpose
14 of 15
Gulec v Turkey
3000 rioters used combat vehicle (machine guns) claimed shooting above them. G hit by shrapnal and killed. not proportionate due to power of weapon
15 of 15
Other cards in this set
Card 2
Front
hostage in house. threatened police so specials. stormed flat with machine guns as had torches on. a killed, c injured. police didn't properly plan majority felt adequate.
Back
Andronicou & Constantinou v Cyprus
Card 3
Front
terrorism. ambushed village. E shot dead, complained planning badly. state has duty to take account of risk to innocent civilians in A2(2). Breach found.
Back
Card 4
Front
motor neuron disease. wanted to end life by choice, offence to assist suicide. Strasbourg and DPP not allow negative element to A2(2). A2 is clearly positive.
Back
Card 5
Front
killed child and V injured when mistaken for different patient. not satisfied with civil remedies. Grand Chamber felt no clear view on start of life so up to MS to decide. Fr adequate protection in civil damages not need criminal.
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