POSITIVE OBLIGATION OF THE STATE TO PROPERLY VET A POLICE OFFICER BEFORE ISSUING HIM OR HER A FIREARM
Keywords:
right to life, positive obligation, Article 2 of the ECHR, firearm, vetting, policeAbstract
Purpose: The paper argues that Article 2 of the European Convention on Human Rights (ECHR) imposes a positive obligation on states to properly vet a police officer before issuing him or her a firearm.
Design/Methods/Approach: To explain the content of the state’s obligation to properly vet a police officer before issuing him or her a firearm the paper applies qualitative content analysis of judgments of the European Court of Human Rights selected as illustrations in the Guide on Article 2 of the ECHR (as updated on 31 August 2024) published by the Strasbourg Court.
Findings: The analysis of the judgments provided in the paper shows that the state is obliged to put in place and apply a system of adequate and effective safeguards designed to prevent police officers from making improper use of firearm. Article 2 of the ECHR also requires the state to subject the selection of agents allowed to carry firearm to particular scrutiny. The national authorities are expected to set high professional standards within the police. As the paper explains even a harmful action taken by the state agent outside his or her duties in certain circumstances may be imputable to the state.
Originality/Value: The findings of the paper, as summarized in the conclusion, contribute to ongoing academic debate about the scope and content of the state’s obligation to protect life under Article 2 of the ECHR. By identifying the content of the state’s obligation to properly vet a police officer before issuing him or her a firearm the paper also contributes to the existing literature on police vetting process.
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