2023년 2월 8일 수요일

Does the right to life under Article 2 of the ECHR includes a duty to investigate suspicious deaths?

Yes, the right to life under Article 2 of the European Convention on Human Rights (ECHR) includes a positive obligation on the state to investigate suspicious deaths. This obligation arises in order to secure the right to life and to ensure that the right is protected effectively. According to the case law of the European Court of Human Rights, this obligation requires states to carry out prompt and effective investigations into deaths that have taken place in suspicious circumstances. The purpose of these investigations is to identify those responsible for the death and to hold them accountable, and to provide answers and accountability to the deceased's family. It's important to note that this positive obligation under Article 2 applies regardless of whether the death was intentional or accidental, and regardless of the identity of the person responsible for the death. The quality and level of detail of the investigation will vary depending on the specific circumstances of each case, but it must always be adequate and effective in order to fulfill the state's obligation under the ECHR.

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