The Right to Life (Article 2) ECHR Flashcards
What is the fundamental principle of Article 2 of ECHR?
To protect individuals from unlawful killing and other real threats to life.
What are the positive and negative obligations of this Article?
(a) to refrain from the taking of life unless this occurs in the narrowly prescribed circumstances recognised in para 2
(b) to investigate suspicious deaths
(c) to take appropriate steps to safeguard the lives of those within its jurisdiction (LCB v UK)
What happened in LCB v UK
- Applicant’s father served on christmas island
- Nuclear tests conducted
- ordered to lineup in open, faced away with eyes closed
- Govt. stated the lineup was for protection to eyes and other injury
- Applicant was diagnosed with leukaemia in 1970, argued it was due to father’s presence at christmas island and being exposed to radiation
- States failure to warn parents of possible health risks should amount to breach of Art.2
HELD - not to be a breach of Article 2
What happened in ‘McCann (1996)
- First case that death with Article 2 before the ECtHR
- family of three deceased, IRA terror suspects petitioned the ECtHR under breach of Article 2
- SAS soldiers shot them dead on the belief they were reaching for remote detonators to a car bomb
- ECtHR said for there to be no breach under art.2 the use of force must have been “absolutely necessary” and “strictly proportionate”.
- HELD, soldiers not in breach but there was a violation in the control and planning of the operation.
Explain the case of Armani Da Silva v UK (2016)
‘good reason’ for an honest belief in the need for force determined subjectively
- Case innocent shot dead by police (suspected terrorist)
- UK authorites conducted investigation, found there to be ‘very serious mistake’ that was avoidable
- Orderred to pay fine and compensation paid to family
HELD - no breach under Article 2 ECHR
Explain Gul v Turkey (2000)
Disproportionate response
- police officers fired through door at unknown target
- Believed bolt unlocking was occupant opening fire
HELD - violation of Article 2
What happened in Makaratzis v Greece (2004)?
Article 2 can be engaged even where no loss of life
- Car that failed to stop in Athens shot at by police
- Court found firearm use ‘chaotic’, erratic and uncontrollable
What did the case of Saso Gorier (2012) establish?
- State responsible for agents outside their official duties, even though it was acknowledged that State did not sanction the actions and incident did not result in death
The Court have became more robust on what issue, in which they were previously timid on?
Death in forced disappearance
What happened in Timurtas v Turkey (2001)?
Circumstantial evidence can be used to establish violation of Article 2.
- Applicants son went missing after being arrested
- Raised an action under Article 2 that his right to lifr had been breached
- ECHR found violation
What happened in Pitsayeva and others v Russia (2014)?
- Families of over thirty individuals claimed that their relatives were abducted in Chechnya
- Russian
Government denied the allegations - ECtHR noted that it would be sufficient for relatives to make a prima facie case of abduction, and then the burden of proof would lie on the Government
What happened in Mizigarova v Slovakia (2010)?
- Man died whilst in custody by gun shot, but state said it was suicide;
- Whatever happened, the state had failed in its Article 2 obligations to protect life
What was estbalished in the ‘Salmom (2002)’ case?
When a person is taken into custody in good health, and then dies, the obligation is on the Contracting Party to provide a sufficient explanation of death
As well as refraining from of unlawful killing, the case of ‘LCB v UK’ established what?
- States take positive steps to safeguard the lives of those w/in its jurisdiction
What must states have to deter unlawful killing?
Legislative and administrative frameworks.
What happened in the case of ‘Osman v UK 1998’?
Controversial case
- Teacher became obsessed with student
- Teacher did numerous things such as;
(i) Spread rumours accusing the student of engaging in sexual activity
(ii) Changed his name to incorporate the surname of the student
- and many more which eventually led to the teacher storming the student house and killing his father and injuring the student
HELD - no breach of Article 2, there was no decisive stage when the police should have known the life of Osman was at risk
What happened in ‘Opuz v Turkey 2009’?
ECHR found breach of Article 2
- applicant and mother were seriously assaulted in numerous occasions by applicants spouse(H.O)
- made death threats
- women complained several times to authorities
- man was jailed for small period but upon release killed applicants mother
HELD - ECtHR, breach of article 2, the authorities had failed to protect the women from domestic abuse which led to the death of the applicants mother, despite repeated reports to police from the women
What was established in Keenan v UK (2001)?
prisoners are in a vulnerable position and authorities are under a duty to protect them
What happened in Reynolds v UK (2012)?
- Man admitted to Council run ‘moving on unit’ after suicidal thoughts
- He was admitted a room in the 6th floor
- the man broke the window of the 6th floor room and fell to death
- insufficient evidence that this was a suicide
- Mother took the case to ECtHR that her sons right to life under art 2 breached
HELD - breach of article 2
What has the Court been reluctant to do in regard to medical treatment under Article 2?
To read a general right to medical treatment in to a State’s obligations.
What responsibly does the State have in relation to Article 2?
Positive obligation to protect life.
What was established in the ‘Hristozov (2012)’ case?
- refusal to give experimental anti-cancer treatment not an Article 2 violation
- Article 2 cannot be interpreted as requiring access to unauthorised medical products
Is medical negligence a violation of Article 2 ECHR?
Generally no, the case of ‘Mehmet 2013’ provided a definition when medical professionals may violate article 2?
Medical negligence is usually not deemed a violation of article 2, but when may it be?
- the negligence attributable to that hospital’s staff went beyond a mere error or medical negligence, and;
- the doctors working there were in full awareness of the fact and in breach of their professional obligation, did not take all the measures necessary to keep their patient alive.
