It also follows from the requirement in Article 2 § 1 that the deprivation of life
be pursuant to the “execution of a sentence of a court”, that the “court” which
imposes the penalty be an independent and impartial tribunal within the
meaning of the Court's case-law … and that the most rigorous standards of
fairness are observed in the criminal proceedings both at first instance and on
appeal. Since the execution of the death penalty is irreversible, it can only be
through the application of such standards that an arbitrary and unlawful taking
of life can be avoided…. Lastly, the requirement in Article 2 § 1 that the
penalty be “provided by law” means not only that there must exist a basis for
the penalty in domestic law but that the requirement of the quality of the law be
fully respected, namely that the legal basis be “accessible” and “foreseeable” as
those terms are understood in the case-law of the Court ….
[…]
In the Court's view, to impose a death sentence on a person after an unfair trial
is to subject that person wrongfully to the fear that he will be executed. The fear
and uncertainty as to the future generated by a sentence of death, in
circumstances where there exists a real possibility that the sentence will be
enforced, must give rise to a significant degree of human anguish. Such anguish
cannot be dissociated from the unfairness of the proceedings underlying the
sentence which, given that human life is at stake, becomes unlawful under the
Convention. Having regard to the rejection by the Contracting Parties of capital
punishment, which is no longer seen as having any legitimate place in a
democratic society, the imposition of a capital sentence in such circumstances
must be considered, in itself, to amount to a form of inhuman treatment.
--Ocalan v. Turkey, ECHR, 12 March 2003 (paras. 202-203, 207).
Inter-American System
[I]n situations where a state’s population is threatened by violence, the state has
the right and obligation to protect the population against such threats … and in
so doing may use lethal force in certain situations. This includes, for example,
the use of lethal force by law enforcement officials where strictly unavoidable
to protect themselves or other persons from imminent threat of death or serious
injury … or to otherwise maintain law and order where strictly necessary and
proportionate. The Court has explained that, in such circumstances, states have
the right to use force, “even if this implies depriving people of their lives….
There is an abundance of reflections in philosophy and history as to how the
death of individuals in these circumstances generates no responsibility
whatsoever against the State or its officials.”
[…]
The means that can be used by the state while protecting its security or that of
its citizens are not unlimited, however. To the contrary, as specified by the
Court, “regardless of the seriousness of certain actions and the culpability of
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