Este permisă aplicarea forței letale pentru protecția proprietății? [Articol]

Abstract

This article provides an answer to the following question: is the use of lethal force permitted for the protection of property? The analysis is made through the lens of the jurisprudence of the European Court of Human Rights. It is emphasized that the primary duty on the State to secure the right to life entails, in particular, putting in place an appropriate legal and administrative framework defining the limited circumstances in which law enforcement officials may use force and firearms, in the light of the relevant international standards. Therefore, following the study conducted, it is concluded that the answer to the question posed is negative. European Convention of Human Rights does not allow the use of lethal force for the protection of property as such. This view must be valid for all member states of the Council of Europe and not only.