Question 1

• The matter must be properly investigated. (see 8.6)

• Consider the general standards relating to the lawful use of force by police and security forces. (see 8.3)

• The intentional use of force by the state can only be legitimate if for one of the purposes listed in Article 2(2). (see 8.3.2)

• Liability under Article 2 includes matters relating to the planning and control of an operation. (see 8.3.1.4)

• Consider whether in effect (given the results of cases such as McCann v United Kingdom and Andronicou v Cyprus) the minimum standards derived from Article 2 are sufficient to establish the kinds of controls over the police and armed forces that are reasonable in a democracy.

Question 2

• Identify and explain the doctrine of "positive duties". (see 8.4)

• What is the scope of these duties, in what kinds of circumstances are they found? (See 8.4 and 8.5)

• Positive duties are limited by concepts of reasonableness and the margin of appreciation. (see examples in 8.4 and 8.5)

• Perhaps the most important duty, which is given greatest weight and importance by the Court of Human Rights, is the duty to investigate. Is this shutting the stable door after the horse has bolted?