ECHR articles 2 and 3 Flashcards
What is article 2 ECHR?
Right to life
What is article 3 ECHR?
Prohibition of torture
When will deprivation of life not constitue contravention of Article 2?
results from use of force which is no more than absolutely necessary
* In defence of any person from unlawful violence
* To effect lawful arrest/prevent escape
* Lawful action to quell a riot or insurrection
What must happen if the state takes a life in order to comply with article 2?
Proper investigation
Does the duty to investigate state caused deaths extend extra territorially?
Yes
Will the state owe a duty to investigate under article 2 where the death was caused by a third party?
Yes if someone involuntarily in custody
What obligations are the state under in respect of article 2?
Positive obligation = state must have criminal justice system that punishes and deters homicide.
Operational obligation = take preventative measures to protect individuals when their life is at risk from others/suicide
Investigative duty
When will a state be liable for non compliance with the operational obligation under article 2?
If they knew/ought to know, real immediate risk and failed to take appropriate measure
Are there any limits on article 3 where torture will be allowed?
no
What will constitute inhuman/degrading treatment under article 3?
Serious ill treatment/neglect depending on circumstances, manner of execution and effect on health
What was the decision in Ireland v UK regarding the meaning of torture under article 3?
torture is different to inhuman treatment and not merely psychological techniques.
What are the obligations under Article 3?
- negative duty (absolute)
- positive duty (preventing torture/inhumane treatment by others)
- investigative duty
What does the positive duty under article 3 extend to?
- non-state actors
- where removal from territory would significantly deteriorate physical/mental health
