Case of European Court of Human Rights, November 27, 2003 (case BUBBINS [Michael FITZGERALD] v. THE UNITED KINGDOM)

Appeal Nbr: 50196/99

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Case of European Court of Human Rights, November 27, 2003 (case BUBBINS [Michael FITZGERALD] v. THE UNITED KINGDOM)

THIRD SECTION

DECISION

Application no. 50196/99

by Theresa BUBBINS [Michael FITZGERALD]

against the United Kingdom

The European Court of Human Rights (Third Section), sitting on 27 November 2003 as a Chamber composed of:

Mr I. Cabral Barreto, President,

Sir Nicolas Bratza,

Mr L. Caflisch,

Mr P. Kūris,

Mr J. Hedigan,

Mrs H.S. Greve,

Mrs A. Gyulumyan, judges,

and Mr V. Berger, Section Registrar,

Having regard to the above application lodged on 25 May 1999,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The application is brought on behalf of Michael Fitzgergald, a deceased British national, by his sister, Theresa Bubbins, who lives in Bedford, England. Mr Fitzgerald was shot dead by a police officer in an incident which took place at his home on 26 February 1998. The applicant is represented before the Court by Christian Fisher Khan, a firm of solicitors practising in London. The respondent Government are represented by their Agent, Ms H. Mulvein, Foreign and Commonwealth Office, London.

A. The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

On 26 February 1998, the applicant's brother Michael Fitzgerald was shot dead by an armed police officer at his flat in Clarendon Street, Bedford, following a siege.

1. The background to the incident

At about 6.25 p.m. on 26 February 1998 Melanie Joy, Michael Fitzgerald's girlfriend, drove to Michael Fitzgerald's flat. As she entered the rear car park she saw a pair of legs disappearing through the ground floor kitchen window of the premises. Melanie Joy did not recognise the person entering the flat and assumed that the person, who was male, was an unauthorised intruder.

Melanie Joy was concerned for the safety of Michael Fitzgerald and, although she did not know whether or not he was in the flat, she shouted his name through the letterbox on the front door of the premises. She obtained no response.

At about 6.28 p.m. Melanie Joy used her mobile telephone to report to the police a burglary in progress. The police gave this report an ?immediate response' within the criteria fixed by the Bedfordshire Police.

The first police officers to arrive at the scene were Acting Sergeant Phillips and Acting Sergeant Morris. They arrived at 6.33 p.m.

Acting Sergeant Phillips went to the kitchen window at the rear of the premises. The window was open. Acting Sergeant Phillips was able to move the venetian blind...

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