McCann lays down two obligations which are inherent in the state's duty to secure enjoyment of article 2 rights. The first is to investigate all situations in which the state directly takes life. The rationale for this lies in the fact that it is primarily the responsibility of the states themselves to investigate and remedy human rights breaches. If the state carries out a proper investigation, then there will be no need to invoke the ECHR, art 2 in this respect. The second is the more obvious and fundamental duty to refrain from unlawful killing. The question of exactly what constitutes an unlawful killing is often complicated by situations in which the agents of the state believe (or at least claim they believe) that the use of deadly force is necessary. This obligation is therefore more likely to be framed, as it was in McCann, as [...], so that agents of the state are able to judge when to apply use of deadly force and are restrained from applying it when it is not required.
Answer
an issue over the duty of command, control and training
Tags
#freedom-of-person #human-rights #public
Question
McCann lays down two obligations which are inherent in the state's duty to secure enjoyment of article 2 rights. The first is to investigate all situations in which the state directly takes life. The rationale for this lies in the fact that it is primarily the responsibility of the states themselves to investigate and remedy human rights breaches. If the state carries out a proper investigation, then there will be no need to invoke the ECHR, art 2 in this respect. The second is the more obvious and fundamental duty to refrain from unlawful killing. The question of exactly what constitutes an unlawful killing is often complicated by situations in which the agents of the state believe (or at least claim they believe) that the use of deadly force is necessary. This obligation is therefore more likely to be framed, as it was in McCann, as [...], so that agents of the state are able to judge when to apply use of deadly force and are restrained from applying it when it is not required.
Answer
?
Tags
#freedom-of-person #human-rights #public
Question
McCann lays down two obligations which are inherent in the state's duty to secure enjoyment of article 2 rights. The first is to investigate all situations in which the state directly takes life. The rationale for this lies in the fact that it is primarily the responsibility of the states themselves to investigate and remedy human rights breaches. If the state carries out a proper investigation, then there will be no need to invoke the ECHR, art 2 in this respect. The second is the more obvious and fundamental duty to refrain from unlawful killing. The question of exactly what constitutes an unlawful killing is often complicated by situations in which the agents of the state believe (or at least claim they believe) that the use of deadly force is necessary. This obligation is therefore more likely to be framed, as it was in McCann, as [...], so that agents of the state are able to judge when to apply use of deadly force and are restrained from applying it when it is not required.
Answer
an issue over the duty of command, control and training
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Open it ful killing is often complicated by situations in which the agents of the state believe (or at least claim they believe) that the use of deadly force is necessary. This obligation is therefore more likely to be framed, as it was in McCann, as <span>an issue over the duty of command, control and training, so that agents of the state are able to judge when to apply use of deadly force and are restrained from applying it when it is not required.<span><body><html>
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