ARTICLE 2

Question 1

What is Article 2

Answer 1

The right to life

Question 2

regarding police

What does Article 2.1 consist of

Answer 2

• The positive obligation
• The negative obligation

Question 3

Define the positive obligation

Answer 3

The police have a positive duty to protect the public when they “know or ought to know” of a “real and immediate risk to the life of another”

Question 4

Makaratzis v Greece

Answer 4

Article 2 is relevant even when a life has not been lost but someone is seriously injured

Question 5

Osman v UK

Answer 5

The police must take all reasonable steps to protect the life of a person from a real and immediate risk to life

Question 6

Sarjanston

Answer 6

There was a real and immediate known risk to life

Question 7

State the negative obligation

Answer 7

The state must not intentionally deprive someone of their life.

Question 8

What is Article 2.2 consisted of?

Allowing what kind of force to be used?

Answer 8

Restrictions on the right to life which may use force no more than absolutely necessary.

Question 9

State the restrictions on the right to life in Article 2.2

Answer 9

a) in defence from unlawful violence
b) in order to effect a lawful arrest

Question 10

McCan v UK

Answer 10

Lethal force must be based on an ‘honest and genuine belief’ that must be valid at the time, although can be mistaken.
Failure in planning and control of mission.

2.2(a)

Question 11

Finogenov v Russia

Answer 11

There was a real, serious and immediate risk so forced intervention was lesser evil.

2.2(a)

Question 12

Armani Da Silva

Answer 12

Honest and genuine belief that force was necessary regarding 2.2(b) arrest

Subjective

Question 13

Investigations - Jordan v UK

Answer 13

There must be a sufficient level of public scrutiny and involvement of next of kin

Question 14

Name the relevant sections of The Human Rights Act 1998

Answer 14

Section 6
Section 7
Section 8

Question 15

Section 6

Answer 15

It is unlawful for public authority to act in a way which is incompatible with a Convention right

Question 16

Section 7

Answer 16

If a public authority has breached a Convention right, proceedings can be brought against them

Question 17

Section 8

Answer 17

If a public authority is found to be in breach, the court can impose any remedy it deems appropriate e.g. damages, injuntion