Chapter 4 Self-test questions

. The right not to be ill treated is which of the following?:

Qualified right

Limited right

Absolute right

Derogable right

. Article 2 can apply even where no death occurs. This was found in which case?

McCann, Farrell & Savage v UK (1995)

Makaratzis v Greece (2004)

Nachova v Bulgaria (2005)

Vo v France (2004)

. Which of the following statements is false?:

The state may justify the use of lethal force in order to effect a lawful arrest or to prevent the escape of a person lawfully detained

The state may justify the use of lethal force in defence of any person from violence

The state may justify the use of lethal force where it can be demonstrated it was reasonable to use the force in the circumstances

The state may justify the use of lethal force if lawfully taken for the purpose of quelling a riot or insurrection

. In Pretty v UK (2002), the European Court of Human Rights decided that…

The right to life should also include0 the right to die

The state has a positive obligation under article 3 to aid assisted suicide

The right to life includes the quality of one's life

The right to life does not include the right to die

. In which case before the European Court of Human Rights, did the Court decide that the death penalty in itself amounts to ill treatment under article 3?

Al Saadoon and Mufdhi v UK (2010)

Ocalan v Turkey (2005)

Soering v UK (1989)

Haas v Switzerland (2011)

. Which of the following is not necessary for an effective investigation under article 2 (and article 3)?:

Transparency

Promptness

Independence

Conviction of state officials

. Which of the following statements is true?:

Selmouni v France stated that interrogation techniques used by state agents will never amount to torture

Torture is defined in Ireland v UK as humiliation in the eyes of the victim

Torture and degrading treatment are defined in separate articles in the ECHR

Severe discrimination may amount to degrading treatment under article 3

. In which case did the European Court of Human Rights state the factors that should be taken into account when deciding if the threshold for severity of treatment or punishment under article 3 is met?

Selmouni v France (1999)

Ireland v UK (1978)

Moldovan v Romania (2005)

Osman v UK (1998)

. The Chahal principle states that:

removal of a person from a member state may violate article 3 if the applicant can establish beyond reasonable doubt that the person concerned faces a real risk of being subjected to torture or to inhuman or degrading treatment or punishment in the requesting country

removal of a person from a member state may violate article 3 if the applicant can establish substantial grounds for believing that the person concerned faces a highly likely risk of being subjected to torture or to inhuman or degrading treatment or punishment in the requesting country

removal of a person from a member state may violate article 3 if the applicant can establish substantial grounds for believing that the person concerned faces a real risk of being subjected to torture or to inhuman or degrading treatment or punishment in the requesting country

removal of a person from a member state may violate article 3 if the applicant can establish substantial grounds for believing that the person concerned faces a real risk of being subjected to torture or to inhuman or degrading treatment or punishment in the requesting country. However, the state may justify removal if it can demonstrate that the applicant poses a serious threat to the state

. In which of the following domestic cases did the House of Lords (now known as the Supreme Court) find that there was a violation of article 2?:

Van Colle v. Chief Constable of Hertfordshire [2008]

Savage v South Essex Partnership NHS Foundation Trust [2008]

Mitchell v Glasgow City Council [2009]

R. (on the application of Smith) v Ministry of Defence [2013]

Chapter 4 Self-test questions

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