Jordan and Others v. United Kingdom

On November 25, 1992, Pearse Jordan, who was unarmed, was shot and killed by Sergeant A, an officer of the Royal Ulster Constabulary (RUC). The incident was witnessed by four civilians, who claimed the officer fired at Pearse without warning. Sergeant A claimed that he gave warnings and could not see Pearse’s hands. About one year later, the department of the Director of Public Prosecution (DPP) determined that there would be no prosecution due to insufficient evidence. Before the inquest commenced, the coroner held a preliminary hearing and protected from disclosure certain information including the identity of three military witnesses and certain RUC officers, including Sergeant A. Sergeant A did not testify at the inquest. Pearse’s family (plaintiffs) were not given legal aid representation, which prejudiced their ability to participate in the inquest and led to long adjournments. The inquest was adjourned when further evidence suggested that criminal prosecution should be considered. However, the DPP claimed there was still insufficient evidence. Pearse’s family filed an application with the European Commission of Human Rights (the commission) against the United Kingdom (the state) (defendant) alleging that the officers violated Article 2 of the European Convention on Human Rights (the European Convention). Pearse’s family also commenced a civil action for wrongful death. The commission referred the matter to the European Court of Human Rights.