Article 2 ECHR Flashcards
What does article 2 say of the ECHR
Right to Life
what does it say about the right of life
- shall be protected by law
- no one shall be deprived of his life
what does the case of McCann and others v UK say
Right to life - strict interpretation
Terrorist shot, based upon intelligence, intending to detonate car bomb - large quantity of explosives
what was held in the case of Mccann and others v UK
breach of article 2(2), suspects were under surveillance for a period.
Court was not persuaded - was no more than absolutely necessary.
what case proves that there is a duty to investigate - and the action must be reasonabl
Gul v Turkey
what did the case of Gul v Turkey say
M killed by poffers who fired approx 55 times, M’s father said that his son had been shot without warning while trying to open the door
no autopsy was carried out/x-rays taken - state prosecutor did not collect any physical evidence and no statement taken from officers
what was held in the case of Gul v Turkey
recalling McCann v UK ECtHR held - firing at the door was not justified by any reasonable belief that officers lives were at risk - therefore a breach of article 2.
an effective investigation was required, but no adequate investigation was carried out therefore d was denied an effective remedy and was in breach of article 13
what case proves of no right to prosecution/conviction
Brecknell v UK
what happened in the case of Brecknell v UK
B’s husband was shot dead in terrorist attack, police investigated killing but unable to identify any individual assailant, B commenced proceedings in respect of the alleged inadequacy of the investigation
what did the ECtHR hold in the case of Brecknell v UK
obligation to carry out an effective investigation into unlawful or suspicious deaths is well established.
There is no absolute right to obtain a prosecution or conviction, and the fact investigation ends without results does not indication any failings as sucj
Does article 2 impose positive obligation
Yes Article 2 imposes positive obligations on a state to protect individuals from lethal attacks from other citizens
what does the case of Osman v UK say
Osman complained about the failure of the authorities to appreciate the seriousness of the threat to the physical safety of family - said that the first sentence tells the state not to only refrain from intentional and unlawful taking of life but also take appropriate steps to safeguard the lives of those within its jurisdiction
what did the ECtHR hold in the case of Osman v UK
having regard to the nature of right protected by Art 2, a right fundamental in the scheme of the convention, it is sufficient for an applicant to show
that the authorities did not do all that could be reasonably expected of them to avoid a real and immediate risk to the life of which they have or ought to have knowledge…
what does the case of pretty v UK talk about
the right to life on the idea of assisted suicide
what were the facts of pretty v uk
pretty had a degenerative disease and was in the advanced stages - she had to endure the disease and wished to control how and when she died to be spared of suffering and indignity
it was declined to gran an indemnity against the prosecution of P’s husband
