Criminal Charges and Other Rights - Article 2 -The Right to Life

Article 2 The Right to Life.

(1) Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which the penalty is provided by law.

(2) Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary -

(A) in defence of any person from unlawful violence;

(B) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

This Article is relevant to any case involving death caused intentionally or otherwise by state agencies such as the police.

Three points should be noted:

1. The justification for an intentional killing by the authorities is no longer the notion that it was reasonable in the circumstances to use lethal force to obtain a legitimate purpose, such as self-defence. Rather the test is that the use of force must have been “absolutely necessary”. This is a more stringent test.

2. The case law on the use of force by state agencies shows that there must be a full and adequate investigation into any deaths and that the investigation should include the background planning and organisation of the action that resulted in the death. See: McCann v United Kingdom.

3. In relation to deaths in custody, Article 2 can be the basis of a requirement that adequate steps are taken by the authorities to ensure the safety of inmates. Article 2 imposes ‘positive duties’ on the state in this respect.