The right to life – ECHR Article 2

On February 20^th 2019, Academy of Justice within its Continuous Training Program organized training on “The right to life – Article 2 of the ECHR”.

Purpose of this training was correct implementation of the criteria set forth in provisions of the ECHR Article 2 and procedural aspects of the right to life.

First part of the training elaborated on substantial aspects if the right to life, the state’s obligation to protect individuals who are held under the state’s supervisions in compliance with the European Convention for Protection of Human Rights (ECHR) and interpretation of the ECHR related to procedural aspects of the right to life.

Second part discussed on situations when life is not considered as deprived in contradiction with this article, in cases when this deprivation comes from the use of force made absolutely necessary, and correct implementation of the criteria foreseen in provisions of ECHR Article 2, as well as procedural aspects of the right to life.

In this training it was emphasized that the right to life, protected by Article 2 of the ECHR, with Protocol 6 on removal of the death sentence in peaceful conditions, and Protocol no. 12 on removal of the death sentence in all circumstances, is one of the basic rights guaranteed by ECHR, and its violation is considered as aggravated violation of the Convention.

Furthermore, it was emphasized that in the Republic of Kosovo protection of this right falls under the law enforcement bodies like: the police, state prosecution, regular courts, as well as those that conduct criminal proceedings in the first instance, those that decide upon appeals against judgments of the first instance, or extraordinary legal remedies permitted in the context of the criminal law matters.

It was concluded that the state is obliged to protect individuals that are held under its supervision or under its control, and for this reasons these persons are in a sensitive position in relation to the state. Particularly, when an individual that enjoys good health is held by the police and later s/he dies, and in this case the state shall provide a clear explanation it.

It was also concluded that for the ECtHR it does not matter if violation of the Convention is made by legislative, administrative or judicial bodies. For the Court, the responsibility for violation of the Convention has an international liability character for the state, as long as it is a contractual party of the ECHR, and based on Article 1 of the Convention it took the responsibility to guarantee human rights and liberties.

During this training the participants were presented practical cases for analysis, elaborating and explaining provisions of the ECHR Article 2.

Beneficiaries in this training were judges and prosecutors of all instances in the Republic of Kosovo as well as professional associates.