HR - Articles 2/3/5 and 6

Question 1

What does Article 2 ECHR state?

Answer 1

“Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally except in execution of a sentence following conviction. Deprivation shall not be unlawful when force is used that is absolutely necessary:
(a) to defend from unlawful violence;
(b) to effect a lawful arrest;
(c) to quell a riot or insurrection.”

Question 2

Is Article 2 absolute?

Answer 2

No – it is a limited right. Force may be used if absolutely necessary and proportionate

Question 3

What does Article 3 ECHR state?

Answer 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Question 4

Is Article 3 absolute?

Answer 4

Yes – no derogation is permitted under any circumstances.

Question 5

What is the distinction between torture and inhuman/degrading treatment?

Answer 5

Torture: Deliberate, severe suffering

Inhuman/degrading: Less severe but still serious

Question 6

What does Article 5(1) ECHR provide?

Answer 6

“No one shall be deprived of liberty except in the cases and in accordance with a procedure prescribed by law (PBL).”

Question 7

What is the difference between deprivation and restriction?

Answer 7

Deprivation: Serious confinement or control (Guzzardi; Engel)

Restriction: Minor interference or control

Question 8

What does Article 6(1) state?

Answer 8

Right to a fair and public hearing within a reasonable time by an independent and impartial tribunal.

Question 9

What does Article 6(2) provide?

Answer 9

Presumption of innocence.