Information Note on the Court’s case-law 58

November 2003

Bubbins v. the United Kingdom (dec.) - 50196/99

Decision 27.11.2003 [Section III]

Article 2

Article 2-1

Life

Shooting by police: admissible

The applicant is the sister of Michael Fitzgerald, who was shot dead by a police officer following a series of events which took place at his home. Michael Fitzgerald returned to his flat and, having left his keys in a pub, climbed through a window to get in. His girlfriend, who arrived at the flat around the same time, mistook him for a burglar and called the police. Michael Fitzgerald, who was very drunk, confronted the police from inside the house with what seemed like a gun. Further police officers were called; some took up position to the front and others to rear of the flat. The man was seen waving a firearm and making threatening gestures with it on several occasions. Warnings were shouted. In the meantime, effo rts were being made to trace Michael Fitzgerald, who the police did not believe to be in the house. At one point, Michael Fitzgerald moved from the ground floor to the first floor of the flat, and pointed the gun from an upstairs window at one of the armed officers. Fearing for his own safety and after having shouted a warning to drop the gun or that he shoot, the officer fired one shot and killed Michael Fitzgerald, who was found with a replica firearm beside him. The applicant complains that the use of le thal force was not absolutely necessary and was the result of police incompetence in failing to secure information that would have allowed the incident to be brought to a conclusion without loss of life. She further contends that the inquest proceedings, w hich led to a verdict of lawful killing, were inadequate and unfair (unjustified anonymity of police officers during the proceedings, and withholding of the investigation report and other evidence from family).

Admissible under Articles 2, 6 and 13.

© Cou ncil of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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