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CASE OF McCANN AND OTHERS AGAINST THE UNITED KINGDOM

Doc ref: 18984/91 • ECHR ID: 001-55808

Document date: March 22, 1996

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CASE OF McCANN AND OTHERS AGAINST THE UNITED KINGDOM

Doc ref: 18984/91 • ECHR ID: 001-55808

Document date: March 22, 1996

Cited paragraphs only



The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human Rights in the case of McCann and others delivered on

27 September 1995 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application

(No. 18984/91) against the United Kingdom, lodged with the European Commission of Human Rights on 14 August 1991 under Article 25

(art. 25) of the Convention by Mrs Margaret McCann,

Mr Daniel Farrell and Mr John Savage, United Kingdom and Irish citizens, and that the Commission declared admissible the complaint according to which the killing by members of the security forces of three members of the IRA (Irish Republican Army), Daniel McCann, Mairead Farrell and Sean Savage, suspected of involvement in a bombing mission, constituted a breach of Article 2 (art. 2) of the Convention;

Recalling that the case was brought before the Court by the Commission on 20 May 1994;

Whereas in its judgment of 27 September 1995 the Court:

- held, by ten votes to nine, that there had been a violation of Article 2 (art. 2) of the Convention;

- held, unanimously, that the United Kingdom was to pay the applicants, within three months, 38 700 pounds sterling for

costs and expenses incurred in the Strasbourg proceedings, less

37 731 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 claim for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;

Having invited the Government of the United Kingdom to inform it of the measures which had been taken in consequence of the judgment of 27 September 1995, having regard to the United Kingdom's obligation under Article 53 (art. 53) of the Convention to abide by it;

Having satisfied itself that on 20 December 1995, within the time-limit set, the Government of the United Kingdom paid the applicants the sum provided for in the judgment of

27 September 1995,

Declares, after having taken note of the information supplied by the Government of the United Kingdom, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.

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