The Use of Life-Threatening Force by the Police in the Case Law of the European Court of Human Rights and the Bulgarian Experience

Abstract

The standards deriving from the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the right to life in the context of the use of life-threatening force by the police are analysed. During the last three dec-ades the European Court of Human Rights has formulated and further developed a significant number of requirements both for the general compliance of Member States' domestic legislation with the Convention, and for the conduct of State authorities in terms of planning and realisation of police operations, and investigating into cases of death caused by the police. The current study examines these requirements in detail, and establishes that, in addition to the ones referring to the legislative framework, there are also such of a forensic, institutional and organizational nature. Particular emphasis is placed on the criteria that the investigation must fulfil in order to be effective. The essence and content of the circumstances provided for in Art. 2, para. 2 of the Conven-tion, under which the use of lethal force is absolutely necessary and, therefore, permis-sible, are discussed. Relevant aspects of the Bulgarian legislative and institutional ex-perience in the process of achieving compliance with the outlined requirements have been reviewed.