It palpably does not mean that if you sent someone up in a Tornado rather than a Typhoon you could get done if they were shot down. What it refers to is defective equipment so if you sent them up in an aircraft that had a known fault which you didnt fix because you didnt want to spend the money you are breaching article 2 in regard to the crew. It isnt rocket science frankly, it's the law of the land.
The outrage here can be one of two things depending on your standpoint, that New Labour absorbed EHR legislation into UK law or that the MoD is preparing to waste a whole load more cash fighting the case.