In the case of Leonidis v Greece, the European Court of Human Rights considered art 2 of the European Convention on Human Rights in the context of the police shooting of an 18 year old male (Victim).
In making its decision, the Court considered whether:
- the death of the applicant’s son amounted to a breach of the substantive requirements of art 2 of the Convention; and
- the investigation into the incident was adequate and effective, as required by art 2 of the Convention.
The Court unanimously found that there had been a violation of art 2 in that the use of lethal force by a police officer was not justified in the circumstances. With a vote of 6 to 1, the Court found that the investigation into the incident was adequate. This case will be particularly informative for the interpretation and application of s 9 (right to life) of the Charter.
