Absolutely necessary use of force: release of hostages

The police operation was planned in such a way as to minimise the potential risk of loss of life. Negotiations were conducted as rationally as possible and in a manner appropriate to the situation at hand. The police tried to resolve the situation peacefully, but the presence of a gun and the criminal’s clear intention to kill the hostage meant that special police forces had to be called in. The police officers were instructed to use only proportionate force and to open fire only when the life of the hostage or their own lives were in danger, which, unfortunately, was the case in this situation. Therefore, taking into account the planning and control of the rescue operation, the killing of the applicants’ relatives was the result of the use of force that was absolutely necessary in the context of Article 2 of the Convention.

• Andronicou and Constantinou v. Cyprus, Para 194