Article 2

Question 1

What is Article 2 ECHR

Answer 1

the right to life

Question 2

Paragraph 1

Answer 2

No one shall be deprived of their right to life

Except where they are convicted a crime for which deprivation of life is the legal penalty

Question 3

Paragraph 2

Answer 3

Exceptions

Where force used is no more than necessary, and state is either

1) defending a person from unlawful violence
2) effecting lawful arrest or preventing escape of lawful detainee
3) lawfully quelling a riot

Question 4

What level of interpretation does this right receive

Answer 4

Strict

Question 5

Authority for strict interpretation

Answer 5

McCann v UK

Question 6

How have state obligations under Article 2 developed

Answer 6

Common law

Question 7

Obligations

Answer 7

1) negative
2) positive
3) procedural

Question 8

What is the negative duty

Answer 8

State must refrain from using lethal force

Question 9

Negative duty in reference to capital punishment

Answer 9

Means that states should not use capital punishment

Prohibited by Protocol 13 of the ECHR - even in times of war or national emergency

Question 10

Requirements of negative obligation

Answer 10

1) adequate legal framework surrounding use of lethal force

2) training and vetting of state agents

Question 11

Authority and example for legal framework

Answer 11

Giuliani and Gaggio v Italy

Adequate legal framework could include clear guidelines on when to carry a firearm

Question 12

Authority for vetting

Answer 12

Makaratzis v Greece - man ran red light and was shot at. Insufficient guidelines for Greek police and lack of training. Clear violation of Article 2 as includes near-death situations.

Question 13

Requirements of a lawful exception to Article 2

Answer 13

Absolutely necessary

One of the three mentioned situations

Proportionate

Question 14

Authority for proportionality and necessity

Answer 14

McCann

Question 15

Armani Da Silva v UK

Answer 15

State agent’s honest and genuine belief that lethal force was required can make it necessary, but must be reasonable in circumstances

Question 16

How does negative duty apply to death in custody

Answer 16

Where individual goes into custody fine but dies in custody - state responsible unless they can give good reason

Question 17

Authority for deaths in custody

Answer 17

Anguelova v Bulgaria

Question 18

How does negative duty apply to dissapearances

Answer 18

Presumption of death and state responsibility, unless they can prove otherwise

Question 19

How does negative duty apply to arrest techniques

Answer 19

If arrest techniques hasten their death, state responsible

Question 20

What is the positive duty

Answer 20

State must protect the lives of their citizens

Question 21

Authority for positive duty

Answer 21

LCB v UK

Question 22

Two requirements of positive duty

Answer 22

1) legal framework that deters unlawful killing

2) reasonable preventative measures where the authorities know or ought to have known of a real and immediate risk to an individual’s life

Question 23

Authority for framework

Answer 23

Oneryildiz v Turkey

Question 24

Authority for preventative measures

Answer 24

Osman v UK

Question 25

Example of preventative measures

Answer 25

Opuz v Turkey Authorities knew about a domestic abuser. Only took victim statements. He eventually killed his wife. Insufficient measures taken to protect her

Question 26

How does the positive duty apply to medical care

Answer 26

Medical care must be available to those who need it and sufficient to save their lives, similarly, those in custody must be given the care they require

Question 27

Authority for medical care

Answer 27

Lopes De Sousa Fernandez v Portugal - general duty to provide adequate medical care for those who need it, standards of hospital etc.

Question 28

How does the positive duty apply to natural disasters

Answer 28

If authorities are aware of risk of disaster and resultant risk to life, they must take measures. Particular emphasis on notification

Question 29

How does the positive duty apply to self-harm

Answer 29

Must take measures to protect those vulnerable to self-harm from themselves

Question 30

Authority for self-harm

Answer 30

Keenan v UK - man put in solitary confinement despite history of mental illness. Hung himself. Violation

Question 31

What is the procedural duty

Answer 31

State must investigate suspicious deaths, as to prevent arbitrary use of lethal force by state agents

Question 32

What does this duty require

Answer 32

An adequate investigation, not a certain conclusion

Question 33

How is adequacy judged

Answer 33

Circumstantially

Question 34

Authority for adequacy

Answer 34

Kaya v Turkey

Question 35

Features that suggest inadequacy

Answer 35

1) delay in starting 2) periods of inactivity 3) not contacting kin

Question 36

Requirements of effective investigation

Answer 36

1) prompt 2) sufficiently independent 3) based on objective evidence 4) reasonable

Question 37

Example of investigation

Answer 37

Congoz v Turkey - government killed 17 people. Could not prove necessity and investigation as subject to delay and lacked reasonableness. Violation of negative and procedural

Question 38

Case for strength of Article 2

Answer 38

Oneryildiz v Turkey - methane explosion. State violated as vague awareness. Broad right and relatively strong

Question 39

Case for weakness of Article 2

Answer 39

Osman v UK - authorities knew teacher was obsessed with one pupil and acted weird. Did nothing. Not violation. Weak

Question 40

Conclusion

Answer 40

Answer the question