Bradley, Inquest into the Death of [2019] NICoroner 15 (15 August 2019)

Bradley, Inquest into the Death of [2019] NICoroner 15 (15 August 2019)

Seamus Bradley was shot and killed by a soldier during Operation Motorman. The evidence does not establish that he was armed or posed a threat at the time of shooting. The military operation was not sufficiently planned and controlled to minimise recourse to lethal force. The state failed to justify the use of lethal force on the balance of probabilities. There was no evidence of mistreatment or torture post-shooting, but prompt medical care was not provided, which could have saved his life.

Citation
[2019] NICoroner 15
Parties
Deceased: James Oliver Bradley (deceased); Properly Interested Person (brother): Daniel Bradley; Properly Interested Person (state Agent): Ministry of Defence (UK); Investigating Authority: Coroner's Service for Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
15 August 2019
Procedural Posture
Inquest / Final Judgment
Outcome
Open verdict; death caused by gunshot wounds inflicted by a soldier during Operation Motorman; use of lethal force not justified.
Legal Topics
Right to Life, Use of Lethal Force, State Responsibility, Procedural Requirements Under Article 2 ECHR, Coroners Inquest, Military Operations
Public Law Human Rights Criminal Law Right to Life Use of Lethal Force State Responsibility Procedural Requirements Under Article 2 ECHR Coroners Inquest +1 more

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Parties

James Oliver Bradley (deceased)

Deceased

Daniel Bradley

Properly Interested Person (brother)

Ministry of Defence (UK)

Properly Interested Person (state Agent)

Coroner's Service for Northern Ireland

Investigating Authority

Procedural Posture

Inquest / Final Judgment

Legal Issues

  1. 1 Was the shooting of Seamus Bradley by a soldier justified under Article 2 ECHR?
  2. 2 Was the military operation planned and controlled to minimise lethal force?
  3. 3 Did Seamus Bradley pose a threat at the time of shooting?

Ratio Decidendi

Seamus Bradley was shot and killed by a soldier during Operation Motorman. The evidence does not establish that he was armed or posed a threat at the time of shooting. The military operation was not sufficiently planned and controlled to minimise recourse to lethal force. The state failed to justify the use of lethal force on the balance of probabilities. There was no evidence of mistreatment or torture post-shooting, but prompt medical care was not provided, which could have saved his life.

Court Disposition

Open verdict; death caused by gunshot wounds inflicted by a soldier during Operation Motorman; use of lethal force not justified.

Orders

  • Recommend improved planning, control, and regulation of military operations to minimise lethal force.
  • Recommend prompt provision of medical care to casualties in military operations.