The State bears direct responsibility for acts of violence committed by police officers in the course of their official duties.
- Saso Gorgiev v. the FYRM, Para 47;
- Krastanov v. Bulgaria, Para 53
In light of the importance of the protection afforded by Article 2 of the Convention, consideration must be given not only to the actions of the State agents who actually used force, but also to all the surrounding circumstances, including such matters as the planning and control of the actions in question.
- Mikhalkova and Others v. Ukraine, Para 36;
- Guliani and Gaggio v. Italy [GC], Para 249;
- McCann and Others v. the UK [GC], Para 150;
- Soare and Others v. Romania, Para 129
A general legal prohibition on arbitrary deprivation of life by public authorities would be ineffective in practice if there were no procedure for reviewing the lawfulness of their use of lethal force.
- Al-Skeini and Others v. the UK [GC], Para 163;
- Guliani and Gaggio v. Italy [GC], Para 249
The main purpose of the investigation is to ensure the effective implementation of national laws guaranteeing the right to life and, where State agents or organs are involved in the incidents in question, to ensure that they are held accountable for the deaths for which they are responsible.
- Al-Skeini and Others v. the UK [GC], Para 163
At the same time, the investigation must also cover a sufficiently wide range of issues to enable the investigating authorities to consider not only the actions of the State agents who directly used lethal force, but also all the surrounding circumstances, including issues such as the planning and control of the relevant operations, if this is necessary to determine whether the State has complied with its obligations under Article 2 of the Convention to protect life.
- Al-Skeini and Others v. the UK [GC], Para 163
Article 2 of the Convention may impose on the authorities, in certain clearly defined circumstances, a positive obligation to take preventive operational measures to protect a person whose life is threatened by the criminal acts of another person.
- Guliani and Gaggio v. Italy [GC], Para 244
The weapon was an appropriate means of self-defence, capable of repelling a sudden violent attack which, in turn, posed an immediate and serious threat to life. And the weapon was actually used for that precise purpose.
- Guliani and Gaggio v. Italy [GC], Para 260
In the performance of their duties, police officers must not be left in a state of uncertainty in the context of a planned operation or spontaneous pursuit of a person considered dangerous: the legislative and administrative framework must define the limited circumstances in which law enforcement officials may use force and firearms, considering international standards developed in this area.
- Soare and Others v. Romania, Para 129