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Words: 1,685 | Submitted: Thu May 01 2008
... Kingdom1 in which assisted suicide was the issue. Generally, there will be a breach of Article 2 if someone is killed by a state official for example the police or prison officers. The only circumstances where there will not be a breach are set out in the second part of the article. However, where a death occurs in each of these three circumstances the responsible official will have to show that they did not use any more force than was absolutely necessary. So, if someone is killed when the police are trying to arrest them, there will be breach of Article 2 if it is shown that the police used more than the minimum amount of force necessary to detain the person. There have been illustrative cases such as R (Silva) v DPP2 which involved the police and McCann v United Kingdom3 these both highlight the use of unnecessary force ...
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