Intelligence suggested a team of known Provisional Irish Republican Army (IRA) members (Daniel McCann, Seán Savage and Mairéad Farrell) were planning a bombing in Gibraltar.
[citation needed] During surveillance, the team crossed the border from Spain with no resistance from the authorities and subsequently parked a car in a crowded place.
A car was however found registered under one of the suspects names which had been laced with explosive devices of 'ticking time bomb' type and not remote detonators.
Second, the court found that the authorities did not consider the correctness of the intelligence (which turned out to be wrong) and, thirdly, the use of SAS soldiers - combat teams trained to shoot to kill - also amounted to a procedural failure in planning the mission which breached article 2.
The Court held: The judgment was criticised by various British MPs, including deputy prime minister Michael Heseltine who described it as "incomprehensible and dangerous".