IMPLEMENTATION ISSUES OF ARTICLE 2 (THE RIGHT TO LIFE) OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN RESPECT OF PUBLIC SAFETY PROTECTION

Abstract

The European Convention For Protection of Human Rights and Fundamental Freedoms, signed in 1950, has become notably important legal instrument for protection of human right in all member states of Council of Europe. The Convention is binding on domestic courts and national public authorities, it is directly applicable, i.e. the person whose right protected under Convention are violated has a possibility to protect them invoking in national courts, and the domestic courts have an obligation to apply the provisions of the Convention in their jurisprudence. The right to life (Article 2 of the Convention) is one of the most fundamental right of each human being. The states have taken positive obligations to protect the right to life of all persons under its jurisdiction, and negative obligations not to deprive anyone’s life by active measures of the state’s authorities. The article analyzes the content of right to life and its scope, also the possibilities to impose restrictions and derogations from this right in respect to protection of public safety. The European Court of Human Right formed practice according which the obligation of the state to justify the use of lethal force by absolute necessity and unquestioned public demand is particularly foreseen. The burden of proof in those cases also is on the states, which likewise have the obligation to perform thorough and independent investigation due to each occurrence of use of lethal force by its authorized representative (official or other agent of the state). The noncompliance with any of above-mentioned requirements according the formed by the European Court of Human Rights practice is considered as a violation of the right to life. The article presents and analyzes the numerous practice of European court of Human Rights related to violations of the right to life.