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Bubbins v United Kingdom: Civil Remedies and the Right to Life
Authors:Neil Martin
Affiliation:Barrister, 25 Bedford Row
Abstract:This analysis considers the judgement of the European Court of Human Rights in Bubbins v United Kingdom. 1 1 App No. 50196/99, judgement of 17 March, 2005. For a case commentary on the admissibility decision made on November 27, 2003 see [2004] EHRLR 214.
In this case the Court examined the shooting by the police of an unarmed individual. The Court had to address two issues. Firstly, did the act of shooting the individual, and the conduct of the police operation which culminated in the shooting, amount to a breach of Art.2? Secondly, in this situation, was the compensatory system in place in the UK sufficient to meet the requirements of Art.13? This case reveals something of the relationship between Art.2 and Art.13, and is relevant to analysis of the parasitic nature of Art.13.
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