Article 2

Question 1

When is deprivation of life not to be regarded as a breach of Article 2?

Answer 1

(a) defending any person from unlawful violence
(b) in order to effect a lawful arrest, or prevent a lawfully detained person from escaping
(c) quelling a riot or insurrection

Question 2

Armani da Silva v UK (2016)

Answer 2

• The English law on defensive force did not breach A2 - it was ok to use a subjective test
• Furthermore, the decision not to prosecute police officers did not breach A2, as there was no reasonable prospect of conviction
• The criteria for a proper investigation are outlined (and found to be fulfilled here)

Question 3

Osman v UK (1998)

Answer 3

Article 2: Breach can occur when authorities know of a specific, direct threat to a person, and fail to take reasonable steps to act (though this wasn’t made out here)

Article 6: Blanket immunity for the police in operational matters breaches A6

Question 4

Vo v France (2004)

Answer 4

Whether or not a foetus is a person is a matter within states’ margin of appreciation

Article 2: complaint is of failure to prosecute doctor for causing unlawful death of foetus