Human Rights Article 2(1)

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  • Created by: Twil
  • Created on: 11-12-15 18:27
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  • Article 2  Everyone's life shall be protected by law
    • (+) duty to protect life
      • Venables and Thompson v Newsgroup Newspapers 2001 Permanent injunction (Art 8) to hide location because of death threat
      • R v Lord Saville of Newdigate ex parte A 1999. Soldiers in Bloody Sunday incident should have had their names withheld.
    • (+) duty to investigate suspicious deaths
      • Salman v Turkey 2001 When a prisoner dies in custody there is a stringent duty on the state to investigate and explain
        • In Scotland, reported to the PF who takes charge of the enquiry. PF reports to LA who decides whether to hold a FAI
        • In England, Incidents are investigated by the IPCC under police reform Act 2002
      • McCann et al v UK    IRA terrorists shot by SAS in Gibraltar as they were wrongly thought to have parked a car full of explosives. Poor investigation by state. A2 Breach.
      • Keenan v UK 2001 schizophrenic isolated in punishment block. no breach as medics had disagreed about danger.

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