Α. Article 2 of the European Convention on Human Rights (right to life) ranks among the most fundamental provisions of the Convention and enshrines one of the core values of democratic societies. It is understood to comprise two distinct components: the substantive and the procedural. Under its substantive limb, States are required, inter alia, to refrain from any conduct that would violate the right to life. Under its procedural limb, States are obliged, in every instance of alleged violation, to conduct a prompt, thorough, and independent investigation (see further commentary on Article 2 of the Convention here).
B. On 16 January 2024, the judgment in Alkhatib and Others v. Greece (application no. 3566/16) was delivered (see 1, 2).
The case concerned the serious injury sustained by a relative of the applicants in September 2014 near the island of Pserimos, following a shooting by a coastguard officer during an operation to intercept a vessel carrying individuals unlawfully into Greece. The applicants’ relative—who had been a passenger on the targeted vessel—died in December 2015 as a result of the injuries.
The European Court of Human Rights held that there had been a violation of Article 2 of the Convention (right to life), both in its substantive and procedural limbs, noting, among other things, that:
(a) The investigation conducted by the national authorities was found to have numerous shortcomings, notably resulting in the loss of crucial evidence and undermining the adequacy of the inquiry. These failings, in particular, prevented a proper assessment of whether the resort to potentially lethal force had been justified by the specific circumstances of the case.
In this context, the Court observed, inter alia, that the authorities had failed to take a number of investigative steps that could have shed light on the incident, and had not examined in a thorough manner whether the use of firearms in this instance—specifically, thirteen shots fired at the boat’s engine—was absolutely necessary and proportionate to the objective pursued (see paras. 88–95 of the judgment regarding the procedural limb of Article 2).
(b) In the Court’s view, the coastguard failed to exercise the necessary diligence to ensure that any risk to life was minimised, and made use of excessive force in the context of unclear legal provisions governing the use of firearms by coastguard personnel. Accordingly, the Government did not demonstrate that the force which seriously injured the applicants’ relative had been “absolutely necessary” within the meaning of Article 2 §2 of the Convention (see paras. 123–156 of the judgment concerning the substantive limb of Article 2).
Respect for fundamental rights constitutes one of the essential pillars of the rule of law. These rights, which every citizen should enjoy, are safeguarded inter alia by the European Convention on Human Rights. It is a primary and unequivocal obligation of the State to respect them.
In the present case (Alkhatib and Others v. Greece), the European Court of Human Rights found a violation of Article 2 of the Convention (right to life)—both in its procedural and substantive dimensions—due to shortcomings in the investigation of the shooting incident and the use of force by the coastguard that was not “absolutely necessary” within the meaning of Article 2 §2 of the Convention.
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