Reference no: EM133438604

Question:

Tallie and Archer were friends who both lived in Zedland. Zedland is a Contracting Party to the European Convention on Human Rights (ECHR). After leaving sixth form college, both Tallie and Archer became involved in nationalist politics, and after joining various reactionary online-based groups they became increasingly radical in their political views. Tallie and Archer founded the Zedland Protection Force (ZPF), a far-right fundamentalist organisation, with 200 members across the country. ZPF was linked with various terrorist incidents, including the fire-bombing of several religious places of worship and an LGBT+ centre. ZPF was also linked to significant property damage to an asylum-seekers support centre. However, the police were unable to find any evidence to clearly and conclusively prove that members of ZPF were responsible. Tallie and Archer hated what they believed was a worsening 'woke culture of snowflake babies' in Zedland and organised a demonstration to protest against the 'weakening of Zedland peoples'. At the demonstration, a number of the 150 participants were arrested for crimes including being drunk and disorderly. The next day, Amie published a story with photos on the demonstration. The story ran in The Observant, a left-wing national newspaper. In her article, Amie described the ZPF as a 'neo-Nazi organisation' and called Tallie and Archer 'bigoted and irrelevant idiots' who represent 'the scumlife of Zedland'. Tallie and Archer brought an action in defamation against Amie and The Observant. Amie and The Observant were unable to utilise the defence of 'truth' (the only defence to a defamation action in Zedland) and were ordered to pay an amount equivalent to £2.2million in damages to Tallie and Archer. Previously, the highest sum ever awarded to a claimant was equivalent to £450,000. In addition, the court issued a declaration which stated that all statements in the article were null and void. In the weeks before their next demonstration, as a result of the defamation trial, Tallie and Archer had significantly more media and public attention on their organisation. A counter demonstration was organised by a left-wing group who vehemently opposed the ZPF's agenda. Two weeks before the demonstrations, the police received information stating that various ZPF members, including Tallie and Archer, had planted bombs along the route of the left-wing counter demonstration. An operation by the Zedland Police Force to monitor and observe Tallie, Archer, and other high profile ZPF members was poorly organised, managed, and equipped. As a result, there were significant periods of time in the week building up to the march where the police did not know the location of Tallie or Archer or know what they were doing. Following the information alleging that ZPF members had planted bombs, on the day of the march members of the army's Anti-Terrorism Unit, armed with sniper rifles, were deployed to observe and follow Tallie and Archer. As Tallie reached into her pocket and pulled out an electronic device, she was shot dead by a sniper from the Anti-Terrorism Unit, who believed that the device was a detonator for one of the bombs. It turned out that the device was a pedometer. During the minutes that followed, Archer was grabbed and arrested. Archer was taken to the police station, and after a 9 hour wait, he was asked detailed questions about whether bombs had been planted on the route of the counter demonstration. There was no investigation into the circumstances of Tallie's death.

Advise the parties as to the likelihood of them succeeding in a claim before the European Court of Human Rights (the Court) as follows:

(i) Amie and The Observant, in relation to Article 10 ECHR

(ii) Tallie's family in relation to Article 2 ECHR

(iii) Archer in relation to Article 5 ECHR