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Osman v. United Kingdom (23452/94) [1998] ECHR 101 (28 October 1998)

Facts: the applicant's husband was killed by her son's former teacher and her son was seriously wounded. before the accident happened, the teacher had already threatened the applicant and his family.

Complaint: the applicant complained of the failure of authorities to protect the right to life of her husband from the threat posed by the teacher

Holding: the ECHR did not find a violation of article 2 of the European Convention.

Reasoning: Article 2 implied a positive obligation on the authorities to take preventive measures to protect an individual whose life is at risk from the criminal acts of another individual. However, the Court concluded that the facts in the case did not show that the police knew or ought to have known that the lives of the Osman family were at real and immediate risk from the teacher. Accordingly, the authorities did not breach Article 2.


 

 

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