Osman v United Kingdom
(1998) 29 EHRR 245
Ratio Decidendi
The state has a positive obligation under Article 2 (right to life) to take preventive operational measures to protect an individual whose life is at risk from the criminal acts of another, where the authorities knew or ought to have known of a real and immediate risk to life and failed to take reasonable measures.
Hechos
A teacher, Paul Paget-Lewis, developed an obsession with a pupil, Ahmet Osman. Despite a series of escalating incidents and police involvement, no effective action was taken. Paget-Lewis killed Ahmet's father and seriously injured Ahmet.
Resumen de la sentencia
The ECHR held that Article 2 may impose a positive obligation on states to protect life. However, on the facts, it was not established that the police knew or ought to have known of a real and immediate risk to the Osmans' lives. The case established the important 'Osman test' for state liability.
Citas clave
"It must be established that the authorities knew or ought to have known at the time of the existence of a real and immediate risk to the life of an identified individual from the criminal acts of a third party and that they failed to take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk."
— The Court
Tratamiento posterior
Foundational ECHR authority on the positive obligation to protect life. The 'Osman test' is applied in all Article 2 operational duty cases.