Article 2—Right to life

  1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

  2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:

    1. in defence of any person from unlawful violence;

    2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

    3. in action lawfully taken for the purpose of quelling a riot or insurrection.

Updated until December 2004

 

Keywords:

POSITIVE OBLIGATIONS

LIFE

EXPULSION

DEATH PENALTY

 

2 (2): USE OF FORCE

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POSITIVE OBLIGATIONS á

ÖNERYILDIZ v. Turkey (N° 48939/99)
 Judgment 30.11.2004 [Grand Chamber]
Infringements of the right to life as a result of dangerous activities; effectiveness of preventive measures and criminal sanctions: violation.
 Unofficial summary by the ECHR Registry  
 Full text from Hudoc
 

VO v. France (Nş 53924/00)
Judgment 8.7.2004  [Grand Chamber]
Absence of provision in criminal law to sanction involuntary termination of pregnancy:  no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

FINUCANE v. United Kingdom (Nş 29178/95)
Judgment 1.7.2003 [Section IV]
Effectiveness of investigations into shooting allegedly carried out with collusion of security forces: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

MENSON v. United Kingdom (Nş 47916/99)
Decision 6.5.2003 [Section II]
Effective investigation – alleged racism in police investigation into murder of black man: inadmissible.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

MASTROMATTEO v. Italy (Nş 37703/97)
Judgment 24.10.2002 [Grand Chamber]
Murder committed by convicts on prison leave or under semi-custodial regime: no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

ÖNERYILDIZ v. Turkey (N° 48939/99)
Judgment 18.6.2002 [Section I ]
Responsibility of the authorities for the deaths resulting from an accident at a municipal rubbish dump and effectiveness of domestic remedies: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

PRETTY v. United Kingdom (Nş 2346/02)
Judgment 29.4.2002 [Section IV]
Refusal to give undertaking not to prosecute husband for assisting wife to commit suicide: no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

NITECKI v. Poland (N° 65653/01)
Decision 21.3.2002  [Section I]
Refusal to refund the full cost of expensive medicine essential for treatment of applicant, suffering from a terminal illness and of modest means: inadmissible.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

CALVELLI and CIGLIO v. Italy (N°32967/96)
Judgment 17.1.2002 [***]
Prosecution of doctor for involuntary manslaughter time-barred as a result of procedural delays: no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

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LIFE á

MAKARATZIS v. Greece (Nş 50385/99)
Judgment 20.12.2004 [Grand Chamber]
Use of firearms by police officers in a hot-pursuit operation – adequacy of legal framework protecting the right to life by law and effectiveness of the investigation: violation.
 Unofficial summary by the ECHR Registry  
 Full text from Hudoc

 

ISSA and others v. Turkey (Nş 31821/96)
Judgment 16.11.2003 [Section II]
Killing of shepherds in northern Iraq, allegedly by Turkish troops.
 Unofficial summary by the ECHR Registry  
 Full text from Hudoc
 

ÖNERYILDIZ v. Turkey (N° 48939/99)
Judgment 30.11.2004 [Grand Chamber]
Responsibility of authorities in connection with deaths resulting from an accidental explosion at a rubbish tip close to a shanty town:  violation.
 Unofficial summary by the ECHR Registry  
 Full text from Hudoc
 

SLIMANI v. France  (N° 57671/00)
Judgment 27.7.2004  [Section II]
Death in administrative detention centre and effectiveness of investigation :  violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

TAHSIN ACAR v. Turkey (N° 26307/95)
Judgment 8.4.2004 [Grand Chamber]
Alleged abduction and killing by State agents, and lack of effective investigation into the disappearance:  violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

AHMET ÖZKAN and others v. Turkey (N° 21689/93)
Judgment 6.4.2004 [Section II]
 Inhuman and degrading treatment of villagers by security forces, and deaths related thereto: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

 EVCIL v. Turkey (N° 46260/99)
Decision 6.4.2004 [Section IV]
Death of civilian as result of explosion of tracer bullet and alleged negligence of the security forces in taking him promptly to a hospital:  inadmissible.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

 NURAY SEN v.- Turkey (Nş 25354/94)
Judgment 30.3.2004 [Section IV]
Abduction and killing, allegedly by State agents, and effectiveness of the investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

 NACHOVA and others v. Bulgaria (Nş 43577/98 and/et 43579/98)
Judgment 26.2.2004 [Section I]
Shooting of two Roma fugitives by military police during attempted arrest, and effectiveness of the investigation:  violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

IPEK v. Turkey (Nş 25760/94)
Judgment 17.2.2004 [Section II]
 Abduction and killing by security forces following a military operation, and effectiveness of the investigation:  violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

TEKDAĞ v. Turkey (Nş 27699/95)
Judgment 15.1.2004 [Section II]
Disappearance following alleged abduction by security forces and lack of effective investigation:  violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

TEPE v. Turkey (Nş 27244/95)
Judgment 9.5.2003 [Section II]
Abduction and murder, allegedly by the police, in 1993, and adequacy of investigation: no violation/violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

AKTAŞ v. Turkey (Nş 24351/94)
Judgment (final) 24.4.2003 [Section III]
Death in custody and lack of effective investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

YOUNGER v. United Kingdom (Nş 57420/00)
Decision 7.1.2003 [Section II]
Suicide in custody: inadmissible.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

BOSO - Italy (N° 50490/99)
 Decision 5.9.2002 [Section I] - Nş 46
 Voluntary termination of pregnancy in spite of father’s opposition: inadmissible.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

ANGUELOVA - Bulgaria (Nş 38361/97)
Judgment 13.6.2002 [Section I]
Death in police custody, failure to provide medical care and effectiveness of investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

McSHANE v. United Kingdom (Nş 43290/98)
Judgment 28.5.2002 [Section IV]
Effectiveness of investigation into death resulting from actions of security forces during a riot: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

SABUKTERIN v. Turkey (Nş 27243/95)
Judgment 19.3.2002 [Section IV]
Murder allegedly carried out by State agents or with their connivance, and effectiveness of the investigation: no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

PAUL and AUDREY EDWARDS v. United Kingdom (Nş 46477/99)
Judgment 14.3.2002 [Section II]
Killing of detainee by mentally ill cell-mate and effective of subsequent investigation : violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

ABDURRAHMAN ORAK v. Turkey (N° 31889/96)
Judgment 14.2.2002  [Section I]
Death in police custody and lack of effective investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

I.I. and others v. Turkey (Nos. 30953/96, 30954/96, 30955/96 and 30956/96)
Judgment 6.11.2001 [Section I]
Disappearance of persons allegedly taken into detention: friendly settlement.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

IRFAN BILGIN v. Turkey (Nş 25659/94)
Judgment 17.7.2001 [Section I]
Disappearance of the applicant’s brother after his alleged arrest by the police and lack of investigation into the disappearance : violation.
 Uoffisielt resyme utarbeidet av EMDs sekrariat
 Full text from Hudoc
 

AVŞAR v. Turkey (Nş 25657/94)
Judgment 10.7.2001 [Section I]
Abduction and murder by village guards and effectiveness of investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

K. AYDIN, C. AYDIN and S. AYDIN v. Turkey (Nş 28293/95, Nş 29494/95 and Nş 30219/96)
Judgment 10.7.2001 [Section I]
Disappearance: friendly settlement.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

AKMAN v. Turkey (Nş 37453/97)
Judgment 26.6.2001 [Section I]
Fatal shooting by security forces and effectiveness of investigation: struck out.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

AKDENIZ and others v. Turkey (Nş 23954/94)
Judgment 31.5.2001 [Section II]
Disappearances and lack of effective investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

DENIZCI and others v. Cyprus (Nş 25316-21/94 and 27207/95)
Judgment 23.5.2001 [Section IV]
Shooting by unidentified assailants and effectiveness of investigation: no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

CYPRUS v. Turkey (Nş 25781/94)
Judgment 10.5.2001 [Grand Chamber]
Disappearances following Turkish invasion of Cyprus in 1974 and lack of effective investigation: no violation/violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

HUGH JORDAN v. the United Kingdom (Nş 24746/94),
McKERR v. the United Kingdom (Nş 28883/95),
KELLY and others v. the United Kingdom (Nş 30054/96) and
SHANAGHAN v. the United Kingdom (Nş 37715/97)
[judgments of 4 May 2001]
Shooting by police and effectiveness of investigation: no violation/violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc:
 (Hugh Jordan)
 (McKerr)
(Kelly a.o.)
(Shanaghan)
 

TANLI v. Turkey (Nş 26129/95)
Judgment 10.4.2001 [Section III]
Death in police custody and effectiveness of investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

KEENAN v. United Kingdom (Nş 27229/95)
Judgment 3.4.2001 [Section III]
Prison suicide: no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

KÖKSAL v. Netherlands (N° 31725/96)
Judgment 20.3.2001 [Section I]
Death following alleged ill-treatment on arrest: friendly settlement.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

BERKTAY v. Turkey (N° 22493/93)
Judgment 1.3.2001  [Section IV]
Serious injuries sustained by applicant while under control of police officers : no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

ÇIÇEK v. Turkey (Nş 25704/94)
Judgment 27.2.2001 [Section I]
Disappearance and lack of effective investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

XHAVARA and others v. Italy and Albania (N° 39473/98)
Decision 11.1.2001 [Section IV]
Responsibility of Italian and Albanian authorities in the death of Albanian illegal immigrants in a collision at sea: inadmissible.
 Unofficial summary by the ECHR Registry
Full text from Hudoc (fransk)
 

GÜL v. Turkey (N˚ 22676/93)
Judgment 14.12.2000 [Section IV]
Shooting by police and effectiveness of investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

DEMIRAY v. Turkey (N° 27308/95)
Judgment  21.11.2000 [Section III]
Responsibility of gendarmes for the death of a person detained on remand : violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

TANRIBILIR v. Turkey (N° 21422/93)
Judgment 16.11.2000 [Section II]
Suicide of a person in police custody and effectiveness of investigation: no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc (fransk)
 

TAŞ v. Turkey (N˚ 24396/94)
Judgment 14.11.2000 [Section I]
Disappearance of the applicant’s son after being taken into custody and lack of effective investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

SANLES SANLES v. Spain (N° 48335/99)
Decision 26.10.2000  [Section IV]
Euthanasia: inadmissible.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

AKKOÇ v. Turkey (N˚ 22947/93 and N˚ 22948/93)
Judgment 10.10.2000 [Section I]
Shooting by unidenfied perpetrator and effectiveness of investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

EKINCI v. Turkey (N° 25625/94)
Judgment 18.7.2000 [Section III]
Alleged involvement of security forces in a murder and effectiveness of investigation: no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc (fransk)
 

SALMAN v. Turkey (N° 21986/93)
Judgment  27.6.2000 [Grand Chamber ]
Death in custody and lack of effective investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

ILHAN v. Turkey (N° 22277/93)
Judgment  27.6.2000 [Grand Chamber ]
Life-threatening assault by security forces: no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

TIMURTAS v. Turkey (N° 23531/94)
Judgment  13.6.2000 [Section I]
Disappearance and lack of effective investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

VELIKOVA v. Bulgaria (Nş 41488/98)
Judgment  16.5.2000  [Section IV]
Death of applicant’s partner during police custody and alleged lack of proper investigation into death: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

ISMAIL ERTAK v. Turkey (N° 20764/92)
Judgment 9.5.2000  [Section I]
Disappearance of the applicant’s son after his alleged arrest by the police and lack of investigation into the disappearance: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

CEMIL KILIÇ v. Turkey (N° 22492/93)
 Judgment 28.3.2000 [Section I]
Shooting by unidentified perpetrators and adequacy of investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

MAHMUT KAYA v. Turquie (N° 22535/93)
 Judgment 28.3.2000 [Section I]
Shooting by unidentified perpetrators and adequacy of investigation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

BROMILEY v. United Kingdom (Nş 33747/96)
Decision 23.11.99  [Section III]
Murder of applicant's daughter by prisoner on home leave: inadmissible.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

ERIKSON v. Italy (Nş 37900/97)
Decision 26.10.99  [Section I]
Death allegedly resulting from medical negligence - adequacy of investigation: inadmissible.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

GRAMS v. Allemagne (Nş 33677/96)
Décision 5.10.99  [Section IV]
Loss of evidence during an inquest into the death of the applicants’ son during his arrest: inadmissible.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

TANRIKULU v. Turkey (Nş 23763/94)
Judgment  8.7.99  [Grand Chamber ]
Killing by unidentified persons and effectiveness of investigation: no violation/violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

ÇAKIÇI v. Turkey (Nş 23657/94)
Judgment  8.7.99  [Grand Chamber]
Disappearance: violation
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

OGUR v. Turkey (Nş 21594/93)
Judgment 20.5.99  [Grand Chamber]
Shooting of night-watchman during military operation: violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

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EXPULSION á

S.C.C. v. Sweden (N° 46553/99)
Decision 15.2.2000  [Section I]
Refusal of residence permit for Zambian national infected by HIV: inadmissible.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

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DEATH PENALTY á

ÖCALAN v. Turkey (N° 46221/99)
Judgment 12.3.2003 [Section I]
Death sentence imposed but not carried out, and subsequent removal of risk: no violation.
 Unofficial summary by the ECHR Registry
Full text from Hudoc
 

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Article 2 (2)

2 (2): USE OF FORCE á

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