ECHR Judgement on
the shooting of the
IRA members in

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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).

  • The Court is not empowered to overrule national decisions or annul national laws.

  • The Court is not responsible for the execution of its judgments.

Summary of the judgement

Hudoc reference     REF00000528
Document type     Judgment (Merits and Art. 50)
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


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.

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