Absolutely necessary use of force: some other examples of other police operations

The Court found no evidence that the operation had been planned in accordance with the requirements of Article 2 of the Convention. Therefore, in the Court’s view, the use of firearms was not justified at all.

• Gül v. Turkey, Paras 84-86

The planning and conduct of the operation were carried out in clear violation of Article 2 of the Convention, putting the lives of civilians at risk, even though it was not clearly established from which side the bullet that caused the victim’s death was fired.

• Ergi v. Turkey, Para 72

The investigation must be effective in the sense that it must be capable of resolving whether the use of force was justified in the circumstances, and of leading to the identification and punishment of those responsible. This is not an obligation of result, but an obligation of action. The authorities must take all necessary and available measures to gather evidence relating to the incident in question and, in particular, to obtain statements from witnesses, expert reports and, where necessary, an autopsy, to ensure that the bodily injuries are fully and accurately recorded and that the medical findings, in particular regarding the cause of death, are objectively analysed. Any shortcoming in the investigation that undermines the ability of the investigation to establish the cause of death or the identity of the person or individuals responsible for it may result in a violation of this requirement.

• Al-Skeini and Others v. the UK [GC], Para 166
• Armani Da Silva v. the UK [GC], Para 233