2026-04-17T17:41:10.042Z http://ezaposleni.singidunum.ac.rs/rest/sciNaucniRezultati/oai

ezaposleni.singidunum.ac.rs/rest/sciNaucniRezultati/oai:3:8868 2022-06-03T16:07:42Z 3

Excessive use of force by the law enforcement officials in the light of articles 2 and 3 of the European convention on human rights 2019 http://ezaposleni.singidunum.ac.rs/rest/sciNaucniRezultati/oai/record/3/8868 D. Marić This research answers a number of questions related to development of the doctrine of positive obligation under Articles 2 and 3 in cases of excessive use of force by law enforcement officials. Such questions are: upon what jurisprudential foundations have these obligations been constructed? What methodology was used by the Court in order to determine their existence, scope and breach? How did they evolve and what are the reasons for it? What are their precise contents, explicit and implicit? Through thorough analysis of the relevant case law this research showcased the way the European Court of Human Rights balanced the demand of showing judicial creativity in order to respond to the present-day demands and respect for the role of Member States in determining the scope of rights which the European Convention on Human Rights guarantees in cases of excessive use of force by the law enforcement officials in light of Article 2 of the ECHR. One part of this research is dedicated to the relationship between the proportionality of use of force and States´ obligation to exercise appropriate care when planning, conducting and controlling certain operations involving law enforcement officials and to minimize, to the greatest extent possible, recourse to lethal force. The obligations of Contracting States to provide these officials with proper training and instructions in accordance with the protection of right to life guaranteed by the Article 2 ECHR has also been examined in detail. The second part focuses on the positive obligation of Member States to conduct an effective investigation into the killings of individuals committed by law enforcement officials. Special emphasis is placed on showcasing the European Court´s creativity when developing this obligation, as well as the criteria which are to be met for an investigation to be considered ”effective” in accordance with the Article 2 of the European Convention on Human Rights. The third part of the research is dedicated to the procedural obligation under Article 3 ECHR. A number of questions have been answered through legal analysis of the Court´s case law - what are the conditions for its existence, which are the key requirements for an investigation to be considered effective in accordance with Article 3 ECHR and what are the main differences between the procedural obligation ensuing under this Article ECHR and the one ensuing under Article 2 ECHR. It can be concluded that the contemporary Court has been rather cautious when developing and applying positive obligations. However, their gradual yet constant evolution can be seen as an expression of Strasbourg Court´s recognition of their significance, as well as its firm stand against the abuse of power and impunity of the law enforcement officials in the Contracting States. doctoralThesis Faculty of Law of University of Vienna 1 359 doktorska disertacija