Article 2 - Right to Life Flashcards
Article 2.1
Protect life
Osman Duty
the state must take special measures where real and immediate risk to life to identified individual from criminal acts of another is known or should be known
Osman v UK
no breach - police were not aware of a ‘real and immediate risk to life’
Edwards v Uk
breach - information to suggest he could be in danger - schizophrenic cellmate
Suspicious Death
where someone dies in suspicious circumstances (such as in state custody), the death must be subject to a timely and independent investigation - next of kin should be involved. (Jordan v UK)
Jordan v UK
breach of article 2 - police investigation took 7 years to conclude - not timely
Article 2.2
do not deprive life
no breach where force is no more than
absolutely necessary and strictly proportionate
reasons for deprivation of life
in defence of any person from unlawful violence
in order to affect a lawful arrest or to prevent the escape of a person lawfully detained
in action lawfully taken for the purpose of quelling a riot or insurrection
McCann v UK
any operation that threatens life must be planned ‘so as to minimise, to the greatest extent possible, recourse to lethal force’
where lethal force is possible, police must be
appropriately trained, instructed and given strict guidance
