The scope of protection

Article 2 of the ECHR protects an individual, first and foremost, against intentional and unlawful deprivation of life by the State. Yet not every threat to the life of an individual falls within the scope of protection of Article 2 of the ECHR, but only the deliberate deprivation of life and a ruthless threat to the life of an individual.⁶⁰⁵ Therefore, measures such as the ban on preventing the penetration of dampness into an apartment,⁶⁰⁶ tax collection,⁶⁰⁷ dismissal from work,⁶⁰⁸ decisions on the right of the damaged person to compensation of damage in a contentious proceeding⁶⁰⁹ or eviction order⁶¹⁰ do not fall within the scope of protection of Article 2 of the ECHR irrespective of subjective burden on an individual as a result of the mentioned measure.

On the other hand, Article 2 of the ECHR obligates the State to undertake appropriate measures in order to protect the life of persons within the scope of its competences.⁶¹¹ The State is obliged to enact effective criminal regulations in order to act preventively in the event of assault on persons under its respective jurisdiction. In addition, the State must assign effective enforcement mechanisms to such regulations for the sake of prevention, suppression and the sanctioning of violations of the law.⁶¹² Therefore, the competent bodies ought to carry out, among other things, an efficient and official investigation in the event of the violent death of a person, as the purpose is to ensure efficient compliance with domestic laws in order to protect people’s lives. Effective investigation is to be such that it enables the identification and punishment of the persons responsible. Thereby the obligation relates to a lesser degree to some concrete result, and to a greater degree to providing appropriate means for investigation.⁶¹³ The obligation to carry out an effective investigation does not extend solely to cases where involvement of State actors was established.⁶¹⁴ Thus, by the force of its authority monopoly and

as a manifestation of its positive obligation, the State must protect human rights and fundamental freedoms, and make sure that investigations are carried out regarding the deprivation of life committed by private physical persons.⁶¹⁵ All State bodies that have the competence for prosecution and criminal investigations have this obligation. If, for instance, the State Prosecutor’s Office fails to carefully collect evidence and to investigate a committed criminal act, it will violate the positive obligation of protecting human rights and fundamental freedoms. If necessary, State bodies must cooperate during the investigation.⁶¹⁶ If upon the completion of the independent investigation a criminal proceeding is initiated, a criminal judgment adopted and, possibly – in the eyes of a victim, mild – criminal sanctions imposed, that will not constitute a violation of the positive obligation on the part of the State to protect human rights and fundamental freedoms referred to in Article 2 of the ECHR.⁶¹⁷