Freedom of Persons, ECHR Articles 2, 3, 5, 6

Question 1

ECHR encompasses certain rights and liberties

Answer 1

• hallmark of free society living free from interference
• right to privacy, views, right to life, right to live free from torture, right not to be arbitrarily detained, right to due process

Question 2

Article 2 - Right to life

Answer 2

• not all situations where state takes life, allowed in ‘law enforcement purposes’

Question 3

McCann, Farrell and Savage v UK

Answer 3

• leading Strasbourg case on article 2 and right to life
• Death on the Rock case
• UK claimed agents believed three suspects were about to detonate bomb
• court found no violation in relation to shooting by soldiers themselves, accepted soldiers honestly believed, because of given info, it was necessary to shoot to prevent serious loss of life
• soldiers actions perceived as necessary to safeguard innocent lives
• court found breach in UK in relation to lack of care exercised in control and organisation of operation

Question 4

Two obligations laid out in McCann inherent to state’s duty to secure enjoyment of article 2 rights

Answer 4

1. investigate all situations in which state takes a life
2. obvious duty to refrain from unlawful killing - complicated definition
   - so obligation is more likely to be framed, as it was in McCann, as issue over duty of command, control, training

Question 5

Cases where court found violations of article 2 in inquests held into killing by security forces in N Ireland

(cases decided under both 2 and 6)

Answer 5

Jordan v UK

McKerr v UK

Kelly & Others v UK

Shanaghan v UK

Question 6

Al-Skeini v UK

relating to art 2

Answer 6

• ECtHR found procedural, investigation element of article 2 extended extra-territorially so UK required to investigate deaths of six Iraqi civilians killed in 2003 in Iraq in circumstances involving British soldiers

Question 7

Armani Da Silva v UK

relating to article 2

Answer 7

• killing of Brazilian citizen in Stockwell underground station
• considerable delay in family’s challenge in relation to article 2 investigatory obligation rejected here
• individual responsibility of police officers involved and institutional responsibility of police authority considered by CPS and Independents Police Commission

Question 8

Article 2 - positive obligation

Answer 8

• article 2 can also impose a positive obligation on state to protect life i.e. Osman