The applicants’ relatives were shot by an off-duty police officer. They complained that the state had failed to exercise requisite control over the procedure for equipping police officers with a weapon. They alleged that there had been a breach of the Osman duty.
Held: The court they summarised the relevant law. The positive duty under article 2 was expressed in broad terms: ‘Article 2 enjoins the State . . to take appropriate steps to safeguard the lives of those within its jurisdiction.’ This may apply ‘in situations concerning the requirement of personal protection of one or more individuals in advance as the potential target of a lethal act (see Osman)’. It may also apply ‘in cases raising the obligation to afford general protection to society (see Maiorano and Others v Italy, no 28634/06)’. In the latter circumstances, the court said that the positive obligation covers a wide range of sectors and ‘in principle, will arise in the context of any activity, whether public or not, in which the right to life may be at stake.
Citations:
36146/05, [2011] ECHR 33
Links:
Statutes:
European Convention on Human Rights
Citing:
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Oneryildiz v Turkey ECHR 18-Jun-2002
(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal house-hold refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house, killing his close relatives. The applicant . .
Cited – Maiorano and Others v Italy ECHR 15-Dec-2009
Article 2 may apply may ‘in cases raising the obligation to afford general protection to society’ . .
Cited by:
Cited – Sarjantson v Humberside Police CA 18-Oct-2013
The claimant had been severely injured in an attack by a group of young men. He said that the defendant had failed in its duty to protect him and his family. He now appealed against the action being struck out.
Held: the judge’s interpretation . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 04 October 2022; Ref: scu.450219
