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28/05/2002
European court rules against UK Government
The European Court of Human Rights has ruled that the British Government breached the human rights of a man who died during riots in Derry six years ago.
Dermot McShane was killed in Derry in July 1996 during a public disorder when an army vehicle drove into a hoarding behind which he was sheltering.
Mr McShane died from his injuries soon afterwards in hospital.
The case, brought by Mr McShane’s wife was brought to the European Court of Human Rights (ECHR) to establish if soldiers trying to break up the demonstrations killed her husband either intentionally or by "unnecessary" force.
The British government said Mr McShane’s death was a “tragic accident” and there was insufficient evidence to provide a “reasonable prospect” of a conviction for any offence of murder, manslaughter or dangerous driving.
However the ECHR ruled o Tuesday that in the case of Dermot McShane the British Government had violated Article 2 of the European convention on human rights - the right to life. The court also found they had violated Article 34 in that they hindered Mrs McShane’s own investigation into her husband’s death.
The Court further awarded Mrs McShane damages of £8,000.
The case which was lodged on behalf of Mrs McShane by the Committee on the Administration of Justice said the ruling was an “important step forward.”
Paul Mageean from CAJ said: “It is a salutary reminder to government that, even in the midst of conflict, the state and its agents must act within the rule of law. It is particularly significant that the Court has censured the government’s efforts to thwart the taking of this case.”
(AMcE)
Dermot McShane was killed in Derry in July 1996 during a public disorder when an army vehicle drove into a hoarding behind which he was sheltering.
Mr McShane died from his injuries soon afterwards in hospital.
The case, brought by Mr McShane’s wife was brought to the European Court of Human Rights (ECHR) to establish if soldiers trying to break up the demonstrations killed her husband either intentionally or by "unnecessary" force.
The British government said Mr McShane’s death was a “tragic accident” and there was insufficient evidence to provide a “reasonable prospect” of a conviction for any offence of murder, manslaughter or dangerous driving.
However the ECHR ruled o Tuesday that in the case of Dermot McShane the British Government had violated Article 2 of the European convention on human rights - the right to life. The court also found they had violated Article 34 in that they hindered Mrs McShane’s own investigation into her husband’s death.
The Court further awarded Mrs McShane damages of £8,000.
The case which was lodged on behalf of Mrs McShane by the Committee on the Administration of Justice said the ruling was an “important step forward.”
Paul Mageean from CAJ said: “It is a salutary reminder to government that, even in the midst of conflict, the state and its agents must act within the rule of law. It is particularly significant that the Court has censured the government’s efforts to thwart the taking of this case.”
(AMcE)
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