Lethal force

Physical ill-treatment by representatives of the State authorities may constitute a violation of Article 2 of the Convention only in exceptional circumstances.

  • Saso Gorgiev v. the FYRM, Para 36;
  • Makaratzis v. Greece [GC], Para 51;
  • İlhan v. Turkey [GC], Para 76

Although the coercion used by the police does not preclude the need to examine the case for a violation of Article 2 of the Convention, it should be borne in mind that the use of force by State agents which does not result in death is only in exceptional circumstances a violation of that provision of the Convention.

  • İlhan v. Turkey [GC], Paras 73-78

An attack by agents of the State or by third parties which did not result in the death of the applicants may be considered to have violated Article 2 of the Convention only in exceptional circumstances, considering the nature and extent of the injuries inflicted.

  • Rodic and Others v. Bosnia and Herzegovina, Para 48

The beating of the victim by police officers with rifle butts and the simultaneous failure to provide medical assistance is considered as torture.

  • İlhan v. Turkey [GC], Paras 73-78

The force used against the applicant did not result in death. This does not, however, preclude in principle an examination of the victim’s complaint under Article 2 of the Convention, which, when interpreted systematically, covers more than intentional deprivation of life. The scope of Article 2 of the Convention also covers situations where the use of force may ultimately result in the loss of life as an unintended consequence of that use of force.

  • Makaratzis v. Greece [GC], Paras 38, 49, 52, 53

In the Makaratzis case, where police officers opened fire on the applicant, the court had to determine whether the force used against the applicant was potentially lethal and what impact the police officers’ actions had not only on the applicant’s physical integrity but also on his protected right to life.

  • Makaratzis v. Greece [GC], Para 52

In almost all cases where a person has been subjected to assault or ill-treatment by police officers or members of the armed forces, their complaints should, most likely, be examined under Article 3 of the Convention.

  • Saso Gorgiev v. the FYRM, Para 36

The exceptions set out in Article 2(2) of the Convention specify that Article 2 of the Convention applies, but does not apply exclusively, to the intentional deprivation of life. The text of Article 2 of the Convention, taken as a whole, indicates that paragraph 2 of Article 2 of the Convention does not primarily define cases in which the intentional deprivation of life is permissible. It describes situations in which it is permissible to use force that may result in death as an unintended consequence of such actions. The use of force, however, must not be more than absolutely necessary to achieve one of the objectives set out in paragraphs 2(a), 2(b) or 2(c) of Article 2 of the Convention.

  • Guliani and Gaggio v. Italy [GC], Para 175;
  • Soare and Others v. Romania, Para 130

The force used must be strictly proportionate to the objectives set out in paragraphs 2(a), 2(b) or 2(c) of Article 2 of the Convention.

  • Guliani and Gaggio v. Italy [GC], Para 176;
  • Soare and Others v. Romania, Para 130;
  • Jaloud v. the Netherlands [GC], Para 199

The use of lethal force by police officers may be justified in certain circumstances. However, Article 2 of the Convention does not give carte blanche. Unregulated and arbitrary actions by state agents are incompatible with effective respect for human rights.

  • Guliani and Gaggio v. Italy [GC], Para 249

As can be seen from the text of Article 2 of the Convention itself, the use of lethal force by the police may be justified in certain circumstances. However, Article 2 of the Convention does not provide for uncontrolled use of force. Failure to comply with the rules and allowing arbitrary actions by state agents is incompatible with effective respect for human rights. This means that police operations must not only be provided for by national law but must also be sufficiently limited by that law within a system of adequate and effective safeguards against arbitrariness and abuse of force, and even against avoidable accidents.

  • Soare and Others v. Romania, Para 128