Article 2 and 3 Cases Flashcards
Which case concerned suspected terrorists who British security forces believed were about to detonate a bomb?
McCann, Farrell and Savage v uk. ECtHR will place any state killing under careful scrutiny, including all surrounding circumstances. Violation of article 2
In Ireland v UK what did the court hold the 5 techniques amounted to?
Constituted inhuman treatment not torture even though they were deliberate and caused physical and mental suffering.
What was held in osman v uk?
Article 2 obligates the state to take appropriate steps to safeguard lives within its jurisdiction. Test : knows or ought to have known at time of existence of a real and immediate risk (of life) of identified individuals and failed to take reasonable measures. No violation.
Pretty v UK - what was held?
Applicant was terminally ill, wanted her husband to assist suicide. Held art 2 cannot be interpreted as conferring the right to die. Art 2 does not include quality of life. No violation of article 2 and 8
R v sec of state for home dep ex p Adam and limbuela, asylum seekers left with no state support as it was decided they did not apply promptly for asylum. what did the ECtHR hold?
Duty on sec of state to avoid breach of article 3 which was applicable if the threshold of severity was met. Destitution not generally article 3 but if state is responsible can be engaged.
In which case was a prosecution witness’s in a theft case murdered by the D? Argued police should have protected victim.
Van colle v chief constable of Hertfordshire. No violation.
